A. In addition to any other sanction or remedial procedure which may be available, any person in violation of or failing to comply with any of the provisions of this title shall be subject to a cumulative penalty in the amount of $75.00 per day for each violation from the date set for compliance until the order is complied with.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the town. The town planner shall notify the town attorney, in writing, of the name of any person subject to the penalty, and the town attorney shall, with the assistance of the town planner, take appropriate action to collect the penalty.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act or neglect or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.