§ 50-23. Injunctive relief and penalties.

(a)

Injunctive relief. Upon violation of the provisions adopted by the town pursuant to the Coastal Area Management Act (CAMA) relating to the issuance of minor development permits, the permit officer may, either before or after the institution of proceedings for the collection of any penalty imposed by the CAMA for such violation, institute a civil action in the general court of justice in the name of the town upon the relation of the permit officer for injunctive relief to restrain the violation and for such other or further relief in the premises as the court shall deem proper. Neither the institution of the action nor any of the proceedings shall relieve any party to such proceedings from any penalty prescribed by the CAMA for any violation.

(b)

Penalties. Any person adjudged guilty of knowingly and willfully undertaking any development requiring a minor development permit without acquiring such a permit, or of conduct exceeding the authority of a permit or of failure to observe the agreed modifications of a conditioned grant, or of violation of any other applicable regulations adopted by the town or the commission pursuant to the CAMA shall be guilty of a misdemeanor and for each violation shall be liable for a fine of not less than $100.00 nor more than $500.00 or shall be imprisoned for not more than 30 days, or both. In addition, if any person continues or further commits any of these violations after written notice from the permit officer, the court may determine that each day during which the violation continues or is repeated constitutes a separate violation subject to these penalties.

(c)

Notice. The permit officer shall notify the secretary of any civil action undertaken by or against such officer under the CAMA.

(Code 2003, § 22-35; Ord. of 9-23-1993(2), § 5)