§ 28-20. Injunctive relief.

(a)

Violation of local program. Whenever the board of commissioners has reasonable cause to believe that any person is violating or threatening to violate this chapter, or any rule or order adopted or issued by the town, or any term, condition or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the town, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county.

(b)

Abatement of violation. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this chapter.

(Ord. No. 09-04-017, § I, 4-1-2009)