Westerly
Town of Westerly Zoning Ordinance
§ 260-26

Enforcement

[Amended 10-26-2020 by Ch. No. 1997]

  • A. Violations. It shall be unlawful for any person to construct, erect, or alter any building or structure, or develop, change, or improve land except in accordance with the provisions of this chapter and of plans approved in accordance with the procedures of this chapter and are subject to the following:
    • (1) When a violation of a dimensional requirement is associated with a completed zoning certificate and confirmed by an as-built, said dimensional relief may be submitted to the Zoning Officer for an administrative approval in the form of a dimensional modification if it qualifies.
    • (2) Any property with any existing and/or pending violation of the Zoning Ordinance shall not be permitted to apply for zoning relief or other permits associated with further development or modification of the property unless and until the existing and/or pending violation is corrected.
    • (3) An applicant shall be assessed an application fee twice the normal amount when an application for zoning certificate or relief is filed to correct a violation that was the subject of a notice of violation.
  • B. Enforcement. Upon finding a violation, the Zoning Official shall serve notice by personal service or by certified mail on the person committing or permitting the violation and on the owner of the property as shown on the Town's current real estate tax assessment records, which notice shall specify the nature of the violation and order the action necessary to correct it. Such notice shall give a compliance date which the Zoning Official shall establish based upon the time reasonably required to comply. Upon notification of any violation of this chapter which has not been corrected by the compliance date, the Town Solicitor is hereby authorized to initiate legal proceedings to prevent, enjoin, abate, or remove such violation.
  • C. Violations and penalties. A penalty may be assessed for any violation of the terms of this chapter or of any conditions or restrictions imposed pursuant to it. The penalty for violation shall be reasonably proportionate to the seriousness of the offense, and shall not exceed $500 per violation, each day such violation continues to be deemed a separate offense. Fines for violation shall inure to the Town.