Common use of FINDING OF VIOLATION Clause in Contracts

FINDING OF VIOLATION. 1. If it is determined by the Planning and Zoning Commission, or its successor, that a violation of this Conservation Easement Agreement exists within its territorial boundaries, the Grantor shall have the right, but not the obligation, to issue an order to cease and desist from and prevent any activity which, in the opinion of the Planning and Zoning Commission, or its successor, is in violation of this Conservation Easement Agreement. 2. Within 60 days of such order and after appropriate notice, the Planning and Zoning Commission shall hold a hearing for the purpose of determining if the cease and desist order shall continue. 3. If the Grantor is found to have violated the terms of this Conservation Easement Agreement, the Grantor agrees, among other things, to restore The Conservation Easement Area(s) as closely as possible to its (their) natural state. Such restoration shall include but need not be limited to: 3.a replanting with trees, shrubs or other appropriate vegetation acceptable to the Planning and Zoning Commission; 3.b removal of any debris, trash, garbage, ashes, waste, rubbish, silt, or unsightly or offensive material; 3.c removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above-ground; 3.d emplacement and maintenance of soil erosion and sediment controls; and 3.e replacement by a land surveyor of any Conservation Easement Area markers which have been removed or disturbed. Restoration shall be at the expense of the Grantor and in accordance with plans developed by a qualified professional such as a landscape architect, land surveyor, or a professional engineer, and approved by the Planning and Zoning Commission, or its successor. 4. If either the Grantor or any other person on the Grantor’s property is found to have violated this Conservation Easement Agreement, the Planning and Zoning Commission, or its successor, can exercise its discretion, in accordance with applicable ordinances of the Town or the City, as the case may be, and following notification to the Grantor and the Grantor’s opportunity to be heard concerning a Finding of Violation, and to levy a daily fine until full restoration has been achieved and certified by the Planning and Zoning Commission or a duly appointed agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and his heirs, successors and assigns, except as hereinbefore set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said Xxxxxxx, its successors and assigns forever, to its and their own proper use and behoof.

FINDING OF VIOLATION. 1. If it is determined by the Planning and Zoning Conservation Commission, or its successor, that a violation of this Conservation Easement Agreement exists within its territorial boundariesexists, the Grantor shall have the right, but not the obligation, to issue an order be ordered to cease and desist from and prevent any activity which, in the opinion of the Planning and Zoning Conservation Commission, or its successor, is in violation of this Conservation Easement Agreement. 2. Within 60 days of such order and after appropriate notice, the Planning and Zoning Conservation Commission shall hold a hearing for the purpose of determining if the cease and desist order shall continue. 3. If the Grantor is found to have violated the terms of this Conservation Easement Agreement, the Grantor agrees, among other things, to restore The Conservation Easement Area(s) as closely as possible to its (their) natural state. Such restoration shall include but need not be limited to: 3.a (a) replanting with trees, shrubs or other appropriate vegetation acceptable to the Planning and Zoning Conservation Commission; 3.b (b) removal of any debris, trash, garbage, ashes, waste, rubbish, silt, or unsightly or offensive material; 3.c (c) removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above-ground; 3.d (d) emplacement and maintenance of soil erosion and sediment controls; and 3.e (e) replacement by a land surveyor of any Conservation Easement Area markers which have been removed or disturbed. Restoration shall be at the expense of the Grantor and in accordance with plans developed by a qualified professional such as a landscape architect, land surveyor, or a professional engineer, and approved by the Planning and Zoning Conservation Commission, or its successor. 4. If either the Grantor or any other person on the Grantor’s property is found to have violated this Conservation Easement Agreement, the Planning and Zoning Conservation Commission, or its successor, can exercise its discretion, in accordance with applicable ordinances Town of the Town or the City, as the case may beGlastonbury Ordinances, and following notification to the Grantor and the Grantor’s opportunity to be heard concerning a Finding of Violation, and to levy a daily fine until full restoration has been achieved and certified by the Planning and Zoning Conservation Commission or a duly appointed agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and his heirs, successors and assigns, except as hereinbefore set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said XxxxxxxGrantee, its successors and assigns forever, to its and their own proper use and behoof.