20.30.16 ENFORCEMENT; TOWN ZONING ENFORCEMENT OFFICER

1. Town Zoning Enforcement Officer. The Town Zoning Enforcement Officer is designated and authorized as the officer charged with the enforcement of this title. 2. Powers and Duties of Town Zoning Enforcement Officer. It shall be the duty of the Town Zoning Enforcement Officer to inspect or cause to be inspected at regular intervals, as often as necessary, all excavations. 3. Where it is determined by the Town Zoning Enforcement Officer that any Excavation project is not in compliance with the provisions of this chapter, he shall notify the permittee of any violation of the permit, or of this title, and upon failure of the permittee to abate said violation within thirty (30) days after mailing of said notice, said mining or Excavation site may be summarily closed, and the Excavation Permit, business license, and/or the conditional use permit therefore, suspended or revoked. Any permittee aggrieved by any notice pursuant to this Ordinance may file a written request for a hearing before the Town Council. The permittee shall set forth why operations on the site should not be summarily closed and/or the permit suspended or revoked. If a request for a hearing is received by the Town Council, the Town Council shall provide to the permittee notice of the time and place of the hearing, an opportunity to be heard, and shall make an impartial determination of whether a violation of this title or this Ordinance has occurred and whether the health, safety, and welfare of persons or property dictates the necessity of a suspension or revocation of said permit. Upon receipt of a request for a hearing, the Town Council may summarily close the site, if not yet closed by the Zoning Enforcement Officer, pending the hearing if it is determined that the health, safety, and welfare of persons or property requires such action. 4. The Town Council may, where necessary, pursue legal action in appropriate courts against the permittee for violations of this Ordinance, provided that failure to do so shall not legalize any violation of such provisions.