Violations and penalties

A. Classification of penalty.
- (1) Any person, firm, corporation, partnership or association who or which violates or refuses to comply with any of the provisions of this chapter or any requirement imposed by the Zoning Board of Review shall be subject to a monetary fine as provided herein.
- (2) Notwithstanding Subsection A(1) of this section, the Town may cause suit to be brought in any court having jurisdiction over the Town of East Greenwich to restrain the violation of or to compel compliance with the provisions of the chapter. The Town may consolidate an action for injunctive relief with an action for the imposition of monetary fines under this chapter in any court of competent jurisdiction.
B. Penalties.
- (1) Where the ZEO determines a violation to have occurred, the ZEO shall have the authority to issue an injunction and an order to restore the property to its previolation state.
- (2) The ZEO shall also require the payment of a penalty fee for such violation. Each day any violation of any provision of this chapter (including the failure to perform any act or duty required by this chapter) shall constitute a separate offense. Penalties shall be as follows:
  - (a) installation of a sign not in conformance with the chapter: $50 per day.
  - (b) installation of an accessory structure not in conformance with the chapter: $100 per day.
  - (c) Use of property not in conformance with this chapter: $250 per day.
  - (d) Noncompliance with a decision of the Zoning Board of Review: $250 per day.
  - (e) Construction, alteration, enlargement, removal or demolition of a structure prior to issuance of a building permit where one is required: $100 per day.
  - (f) Construction of parking lot/parking structure prior to approval of parking plan: $100 per day.
- (3) Where the violation is advanced for judicial action, as noted in § 260-79A(2), the court may assess a penalty of up to $500 for each violation, where each day of the existence of any such violation shall be deemed to be a separate offense. The court may also require restoration of the property to previolation conditions.
C. Violations not exclusive. Violations of this chapter are in addition to any other violation enumerated within the Town of East Greenwich ordinances and Code and in no way limits the penalties, actions or abatement procedures which may be taken by the Town of East Greenwich for any violation of this chapter which is also a violation of any other ordinance or Code provision of the Town of East Greenwich or statutes of the State of Rhode Island.
D. Reporting of violations. Enforcement actions shall be reported by the ZEO to the property owner, together with a compliance order. The order shall describe the measures required to correct the violation.
E. Judicial aid in enforcement. Where compliance orders are not followed within the period set in the order and where no appeal has been filed with the Zoning Board of Review, the Town shall have the authority to request assistance from the Kent County Superior Court, East Greenwich Municipal Court, or any other court of competent jurisdiction to enforce this chapter in accordance with Rhode Island General Law § 45-24-62.