Violations and penalties

A. Violation defined. 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 ordinance or contrary to any requirement attached to the granting of a special exception, special use permit, or variance by the zoning board of review, is hereby declared to be a violation of this ordinance and unlawful. Each day of the existence of any such violation shall be deemed to be a separate offense.

B. Notice of violation. Upon finding that any of the provisions of this ordinance are being violated, the officer shall notify in writing the person responsible for such violation(s), indicating the nature of the violation, and ordering the action necessary to correct it. The notice shall be sent by certified mail, return receipt required, or delivered by hand. If the responsible person can not be located or refuses to accept such notice, it may be given by posting the notice prominently at the site of the violation. The date of the notice shall be deemed to be the date of actual receipt or of posting at the site.

C. Date for compliance. Such notice of violation shall contain the date by which compliance with said order must be completed. The 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 to be allowed shall be fifteen (15) days.

• 2. The minimum time to be allowed shall be twenty-four (24) hours; unless the officer finds as a fact that the violation has been willful or constitutes an immediate hazard to the public health, safety, morals and welfare.

D. Fines and enforcement. 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 ordinance may be fined not more than five hundred dollars ($500.00) for each violation, and each day that the violation exists shall be deemed to be a separate violation. If the violation concerns a sign or a dimensional requirement of this ordinance, the fine shall not exceed one hundred dollars ($100.00) for the first violation. If compliance has not been made within the time period set forth in the notice of violation, the officer may issue a citation setting forth the violation, the fine to be levied, and the date by which the fine shall be paid, which shall be at least ten (10) days following the date of the citation. The citation shall be sent by certified mail, return receipt required, or delivered by hand. If the responsible person can not be located or refuses to accept such citation, it may be given by posting the citation prominently at the site of the violation. Any such fine shall inure to the town. Every citation shall state on its face that such citation may be appealed to the appropriate Division of the Rhode Island District Court. If the fine is not paid or appealed within the specified time, the officer may file a lien against the property where the violation has occurred, in the amount of the fine, in the land evidence records of the town. The officer may also refer the matter to the town solicitor for further action as set forth below.

E. Town Solicitor. If compliance has not been made within the stipulated time period, the officer shall notify the town solicitor, or other such legal counsel of the town of the violation of this zoning ordinance. Promptly upon notification of any violation, the town solicitor shall institute appropriate action to prevent, enjoin, abate or remove such violation. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.