§ 136-8. Enforcement and penalties.

A. 

Notice of violation. When the Town of Malta determines that a land development activity is not being carried out in accordance with the requirements of this chapter and Article XA of Chapter 167, Zoning, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1) 

The name and address of the landowner, developer or applicant.

(2) 

The address, when available, or a description of the building, structure or land upon which the violation is occurring.

(3) 

A statement specifying the nature of the violation.

(4) 

A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and Article XA of Chapter 167, Zoning, and a time schedule for the completion of such remedial action.

(5) 

A statement of the penalty or, penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(6) 

A statement that the determination of violation may be appealed to the Zoning Board of Appeals by filing a written notice of appeal within 15 days of service of notice of violation.

B. 

Stop-work orders. The Town of Malta may issue a stop-work order for violations of this chapter and Article XA of Chapter 167, Zoning. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Malta confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter and Article XA of Chapter 167, Zoning.

C. 

Violations. Any land development activity that is commenced or is conducted contrary to this chapter and Article XA of Chapter 167, Zoning, may be restrained by injunction or otherwise abated in a manner provided by law.

D. 

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter and Article XA of Chapter 167, Zoning, shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter and Article XA of Chapter 167, Zoning, shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

E. 

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter and Article XA of Chapter 167, Zoning, the Stormwater Management Officer may prevent the occupancy of said building or land.

F. 

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Malta may take necessary corrective action, the cost of which shall become a lien upon the property until paid.