A.
Inspection. Any site for which an application has
been submitted shall be subject to inspection at any reasonable time,
including weekends and holidays, by the approval authority or its
designated representatives. Notice will be provided to applicants
of any site inspection that is to be performed on a weekend, a legal
holiday or between the hours of 6:30 p.m. and 8:00 a.m.
B.
Administrative sanctions.
(1)
Damages. Any person who undertakes any activity regulated
by this chapter without a permit issued hereunder, or who violates,
disobeys or disregards any provision of this chapter, shall be liable
to the town for civil damages caused by such violation for every such
violation. Each consecutive day of the violation will be considered
a separate offense. Such civil damages may be recovered in an action
brought by the town at the request and in the name of the approval
authority in any court of competent jurisdiction.
(2)
Restitution. The Planning Board shall have the authority
to direct the violator to restore the steep slope area to its condition
prior to violation, insofar as that is possible, within a reasonable
time and under the supervision of the Planning Board or its designate.
Further, the Planning Board shall have the authority to require an
adequate performance guaranty in a form and amount deemed necessary
by the Planning Board to insure the restoration of the affected steep
slope area.
(3)
Stop-work order; revocation of permit. In the event
that any person holding a permit issued pursuant to this chapter violates
the terms of the permit, fails to comply with any of the conditions
or limitations set forth in the permit, exceeds the scope of the activity
as set forth in the application or operates so as to be materially
detrimental to the public welfare or injurious to a steep slope area,
the approval authority may suspend or revoke the permit, as follows:
(a)
Suspension of a permit shall be by a written stop-work order issued by the Building Inspector and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all authorizations and permits granted by the town or any agency thereof. The stop-work order shall remain in effect until the approval authority is satisfied that the permittee has complied with all terms of the subject permit or until a final determination is made by the Planning Board as provided in Subsection B(3)(b) immediately below.
(b)
No steep slope permit shall be permanently suspended
or revoked until a public hearing is held by the Planning Board. Written
notice of such hearing shall be served on the permittee, either personally
or by registered mail, and shall state the grounds for complaint or
reasons for suspension or revocation and the time and place of the
hearing to be held. Such notice shall be served on the permittee at
least one week prior to the date set for the public hearing unless
the stop-work order is issued for a violation occurring less than
one week before the next regularly scheduled public meeting of the
Planning Board. At such hearing, the permittee shall be given an opportunity
to be heard and may call witnesses and present evidence on his behalf.
At the conclusion of the hearing, the Planning Board shall determine
whether the permit shall be reinstated, suspended or revoked.
C.
Fines. Any person convicted of having violated or
disobeyed any provision hereof, any order of the approval authority
or any condition duly imposed by the approval authority in a permit
granted pursuant to this chapter, for the first offense shall be punishable
by a fine of not less than $1,000 per day of offense. Each subsequent
offense shall be punishable by a fine of not less than $2,000 per
day. Each consecutive day of the violation shall be considered a separate
offense.
The town is specifically empowered to seek injunctive
relief restraining any violation or threatened violation of any provisions
hereof and/or to compel the restoration of the affected steep slope
area to its condition prior to the violation of the provisions of
this chapter.
