§ 16-40.046. Enforcement.

(a)

Any person violating any provision of this section shall be guilty of an infraction, which shall be punishable by a fine as established by resolution of the town council and amended from time to time.

(b)

Any person convicted of violating any provision of this section in a criminal case or found to be in violation of this section in a civil case brought by a law enforcement agency shall be ordered to reimburse the town and other participating law enforcement agencies their full investigative costs, pay all back-owed transient occupancy taxes, and remit all illegally obtained rental revenue to the town so that it may be used to return payment to the affected vacation renters.

(c)

Any person who violates any provision of this section shall be subject to administrative fines and administrative penalties pursuant to title VI, chapter 31 of this Code and to recovery of collection costs pursuant to title II, chapter 1, section 1-10 of this Code.

(d)

Any interested person may seek an injunction or other relief against any person who is alleged to be violating this section in order to prevent or remedy violations of this section. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees from the person determined to be in violation. Under no circumstance shall any person be entitled to maintain an action seeking an injunction or other relief or recover any reasonable costs and attorney's fees against the town to enforce the provisions of this section.

(e)

The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

Ord. No. 562 N.S ., §§ 1, 2(C), 11-18-2015)