Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of the disapproval
of a properly filed application for a permit, issuance of a written
notice of violation, or an alleged failure to properly enforce the
Ordinance in regard to a specific application, shall have the right
to appeal the action to the Town Administrator. The appeal shall be
filed in writing within 10 days of the date of official transmittal
of the final decision or determination to the applicant, state clearly
the grounds on which the appeal is based, and be processed in the
manner prescribed for hearing administrative appeals under the Town
Code.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of the Board of Town Commissioners that this chapter shall
stand, even if a section, subsection, sentence, clause, phrase, or
portion may be found invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation with costs imposed in the discretion
of the court and not to exceed $50,000. Each day that a violation
continues shall be a separate offense. In addition, the Board of Town
Commissioners may institute injunctive, mandamus or other appropriate
action or proceedings of law to correct violations of this chapter.
Any court of competent jurisdiction shall have the right to issue
temporary or permanent restraining orders, injunctions or mandamus,
or other appropriate forms of relief.
Be it further enacted that this chapter shall take effect 21
days from the date it becomes adopted.
