Violations and penalties.
§ 255-3100. Violations and penalties.
A. The erection, construction, enlargement, intensification, conversion, moving or maintenance of any building or structure and the use of any land or building or structure which is continued, operated or maintained, contrary to any of the provisions of this chapter, is a violation of this chapter and unlawful.
B. Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, shall be fined an amount reasonably related to the seriousness of the offense, and in any case not more than $500 for each offense. Fines collected shall go into the general fund of the Town.
C. Each day of the existence of any such violation shall be deemed a separate offense.
D. Upon finding that any of the provisions of this chapter are being violated, the Building Inspector or Zoning Enforcement Officer shall notify in writing the person responsible for such violation(s), indicating the nature of the violations, and ordering the action necessary to correct it. Such notice shall contain a date for compliance with said order. The Building Inspector or Zoning Enforcement Officer shall establish the compliance date based upon the amount of time reasonably required to so comply, subject to the following:
(1) The maximum time allowed shall be 30 days.
(2) The minimum time to be allowed shall be five days unless the Building Inspector or Zoning Enforcement Officer finds as a fact that the violation constitutes an immediate hazard to the public health, safety, morals and welfare, in which case the minimum time to be allowed shall be 24 hours. If compliance has not been made within the stipulated time period, the Building Inspector or Zoning Enforcement Officer shall notify the Town Solicitor or other such legal counsel of the Town of the violation of this chapter. Immediately upon notification of any violation, the Town Solicitor shall institute appropriate action to prevent, enjoin, abate or remove such violation. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
E. The Town may bring suit in the supreme court, the superior court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the Town, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The Town may consolidate an action for injunctive relief and/or fines under this chapter in the Kent County Superior Court.