Enforcement of standards and regulations

A. Probable violations. In the event of a determination by the Zoning Inspector that a probable violation of the performance standards has occurred after the granting of a permit, a written notice of the probable violation shall be sent by certified or registered mail to the owner of the industrial use. The notice shall further state that upon the continuation of the probable violation, technical determinations as described in this chapter shall be made, and that if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be a charge against those responsible for the violation, but that if it is determined that no violation exists, the cost of the determination will be paid by the Town of West Greenwich.
B. Review by the Planning Board. Cases involving probable violations may be referred by the Zoning Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 400-80 of this article. The Planning Board shall make known its finding in writing to the Zoning Inspector and the owner of the industrial use.
C. Violations.
- (1) If a violation actually occurred or exists, notice of such violation shall be sent to the owner, owners or managers of the industrial use by registered or certified mail.
- (2) The continued operation of an industrial use for longer than 15 days after a determination has been made that said use is not in conformance with the provisions of §§ 400-80 and 400-81 of this article is hereby declared to be a violation of this chapter and unlawful. The Town Solicitor shall promptly be advised of any such violation, and shall thereupon institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation.
  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. Re-compliance. An industrial use so charged and proven to have violated the provisions of this chapter shall not be allowed to resume operation until it has been issued a certificate of compliance by the Zoning Inspector. To obtain such certificate, the violator must prove to the satisfaction of the Zoning Inspector that the violation has been corrected and that all requirements of this chapter have been met. The Zoning Inspector may require changes in plans for land use, structures, or operations as may be necessary to assure compliance with this chapter and standards and limitations required in §§ 400-80 and 400-81 of this article.
E. Change of use. Any change of use that violates or may potentially violate a certification previously granted shall require a new application for the new or altered use in accordance with the preceding sections of this article.