Enforcement and penalties
(a) Complaints and violations. The zoning environment officer (ZEO) is responsible for the enforcement of the zoning ordinance and shall investigate suspected violations. Any person alleging a violation, raising a question on zoning compliance, or requesting information about a specific case of zoning compliance shall submit to the zoning enforcement officer a complaint. If the complaint includes the name and address of the complaining person, the ZEO shall determine promptly within three business days and in writing if the property at issue complies with this chapter. The ZEO, in his or her discretion, may investigate anonymous complaints. All determinations of the ZEO must be based on consideration of the facts and on the application of governing provisions of this chapter. As appropriate, input from other parties, including but not limited to the owner, the town solicitor, and/or from the building official may be sought.
(b) Removal of violation and fines. Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter shall be required, where possible, to remove the violation as soon as practicable and shall be fined up to $500.00 for each offense, such fine to inure to the town. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained, contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The zoning enforcement officer shall be empowered to levy such fines, with appeal thereupon to the municipal court. The fine shall relate to the seriousness of the offense.
(c) Town remedies. Wherein a 20-day period an owner fails to remove the violation and/or pay all fines in full that have been levied, the ZEO shall either cause the violation to be cured or, file an action in the municipal court to (i) compel payment of all fines, and/or (ii) institute other appropriate action in the municipal court to prevent, enjoin, abate, or remove such violation, or compel compliance with the provisions of this chapter. Any costs associated with correcting the violation and/or any unpaid fines and court costs may be filed by the ZEO as liens on the property, except where the municipal court provides other relief. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Appeals from decisions of the municipal court shall be in accordance with section 2-216 of the Town Code.
(d) Mediation. Both the owner and the town should consider action in court to be the last resort, to be used only when all other means of resolution have been exhausted. Mediation, usually by mutually agreed on and qualified third parties, should be encouraged and accepted, where appropriate, as an alternative to court. The costs of such mediation shall be borne equally by both sides unless the mediator recommends otherwise. Alternate dispute resolution may occur prior to or during an appeal to court.
(e) Notice and order. Where a determination is made that a violation exists, the zoning enforcement officer shall immediately give written notice of the violation to the owner, said notice to be sent by certified mail, return receipt requested, or hand delivered which may include posting the notice on the subject property, stating clearly what conditions violate what regulations and ordering the action necessary to correct it. All materials relating to such notice (including the underlying complaint) shall be public and shall be provided upon request, unless such public release would jeopardize an ongoing investigation. If the ZEO finds that the violation has been willful or constitutes an immediate hazard to the public health, safety, or welfare, the time in which the owner must comply shall be immediately upon notice from the ZEO and shall be subject to fines pursuant to subsection 28-407(b). For all other violations, the owner shall have not more then five days in which to comply with said order.
(Amend. of 1-27-21)