20.07.05 VIOLATION AND PENALTY

Any person, firm or corporation whether acting as owner or occupant of the premises involved, or contractor, or otherwise, who violates or refuses to comply with any of the provisions of this title (the Zoning Ordinance) or the International Building Code shall incur a civil penalty of $200.00 for each offense, which shall be collected as provided by law, or shall be guilty of an Infraction and, on conviction, shall be punished as provided by law. After three violations, each subsequent violation shall incur a civil penalty equal to the maximum dollar fine allowed for an infraction, which is currently $750. 1. NOTICE OF VIOLATION: If the Building Inspector or Zoning Enforcement Officer finds that a violation exists within the town, the Building Inspector or Zoning Enforcement Officer shall provide a notice of violation to the responsible party. The notice of violation shall indicate the nature of the violation, the action necessary to correct it, the warning period established before imposition of civil penalties, and the civil penalty amount for failure to correct the violation within the established warning period. The date of notice shall serve to start the warning period. The warning period for compliance shall be established by the Building Inspector or the Zoning Enforcement Officer on a case-by-case basis, but it shall not be less than two (2) days nor more than thirty (30) days. 2. FAILURE TO COMPLY: If a violation remains uncorrected after expiration of the warning period, the responsible party shall be liable for the civil or criminal penalty described herein. A separate offense shall be committed on each day an offense occurs or continues after expiration of the warning period. Civil penalties shall be used to encourage the correction of code violations without resort to the criminal courts. Commencement of any collection action shall not relieve a party of the responsibility to cure any violation. 3. EXTENTIONS OF TIME: A person subject to future civil penalties may request an extension of time to comply with a notice of violation prior to the expiration of any warning period. The request shall be in writing and directed to the Building Inspector or Zoning Enforcement Officer. Upon good cause showing and agreement by the person to comply, the Building Inspector or Zoning Enforcement Officer shall grant the written request. The Building Inspector or Zoning Enforcement Officer may grant a maximum of thirty (30) additional days per extension, and in no case shall the Building Inspector or Zoning Enforcement Officer grant more than two extensions of time for correction of the violation. If, however, the Building Inspector or Zoning Enforcement Officer determines that an extension of time will pose an imminent danger or will only serve to undermine the effective enforcement of the provisions of this title or the International Building Code, the request shall be denied.