Chapter 18.120
ENFORCEMENT
Sections:
18.120.020 Enforcement and violations.
18.120.010 Purpose.
The purpose of this chapter is to address the manner in which the enforcement, violation and penalties of this title are administered. [Ord. 1659 § 1, 2017].
18.120.020 Enforcement and violations.
The enforcement of the provisions of this title, investigation into possible violations of this title and the penalties prescribed for violations of this title are as follows:
(A) It shall be the duty of the administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the town attorney who may file a complaint against the person and prosecute the alleged violation.
(B) Any person may, by suit in the circuit or superior court of the county, enjoin the violation of this title.
(C) The board of zoning appeals by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate may require the removal of a structure erected in violation of this title, or the removal of any use or condition permitted in violation of this title.
(D) A use that violates this title shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for such nuisance.
(E) No improvement location permit or building permit required under the Uniform Building Code or this title shall be issued on any property subject to this title in violation of the provisions of this title.
(F) Attorneys’ Fees. Notwithstanding anything contained in this chapter to the contrary or appearing to the contrary, and in addition and supplementary to other provisions of this title, if the board of zoning appeals is required to utilize the town attorney or any other attorney in investigating a possible violation of this title or enforcing the provisions of this title pursuant to subsection (C) or (D) of this section, HMC 18.120.030 or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the board of zoning appeals or town is successful in its enforcement of the chapter by way of suit, appeal or other appropriate proceedings, the respondent, defendant or party investigated for a violation shall pay the town’s reasonable attorneys’ fees and all costs related to the investigation of the violation and/or the enforcement of this title, unless such attorneys’ fees or costs are specifically waived by the town council. [Ord. 1659 § 1, 2017].
18.120.030 Penalty.
Any person, whether owner or possessor, who shall violate, or who permits or allows a violation of, any of the provisions of this title, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct, or structurally alter any building in violation of any detailed statement or plan submitted, upon which an approval or grant is given under this chapter, shall, under complaint filed in any court of the county and upon judgment finding such violation, be fined not less than $10.00 and not more than $300.00, and each day that such violation or noncompliance shall be permitted to exist shall constitute a separate violation. [Ord. 1659 § 1, 2017].