(A) (1) The Compliance Officer shall enforce this chapter. The Compliance Officer shall periodically travel all county roads for the purpose of discovering violations of this chapter. He may call upon other agencies as necessary to assist in enforcement of this chapter.
(2) In addition, whenever the Compliance Officer receives a complaint alleging a violation of this chapter, the Compliance Officer shall investigate the complaint and take whatever action is warranted. The complainant’s name(s) shall not be divulged nor record made of the complaint.
(3) The owner, tenant, or occupant of any building or land or any part thereof and agent or other person who participate in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(B) The following procedure shall apply upon discovery of a violation.
(1) If the Compliance Officer finds that any provisions of this chapter are being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation, ordering the action necessary to correct it, and advising the violator of the number of days or months within which the violation shall be corrected. The violator shall be informed of his right to appeal to the Planning Board.
(2) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Compliance Officer may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.
(C) Variance.
(1) The Planning Board may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or extreme hardship, and so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done, such variance may be granted in such individual case of extreme hardship upon a finding by the Planning Board that the following conditions exist:
(a) There are extraordinary and exceptional conditions pertaining to the particular place or property in question because of its size, shape or topography that are not applicable to other automobile graveyards and junkyards governed by this chapter;
(b) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other operators of other automobile graveyards and junkyards governed by this chapter;
(c) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other operators of automobile graveyards or junkyards governed by this chapter;
(d) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
(e) The special circumstances are not the result of the action of the applicant;
(f) The variance requested is the minimum variance that will make possible the legal use of the land in question.
(2) In granting a variance the Planning Board shall make findings that the requirements of this section have been met. The Planning Board shall make a finding, and written notice of the decision shall be prepared and furnished to the applicant. In granting any variance, the Planning Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(D) Decision. Decisions of the Planning Board may be appealed; to do so a petition for the writ of certiorari must be filed with the Ashe County Clerk of Superior Court within 30 days after the later of the following occurrences:
(1) A written copy of the Planning Board’s decision has been filed in the office of the County Planning Department; and
(2) A written copy of the Planning Board’s decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellate and every other aggrieved party who has filed a written request for such copy at the hearing of the case. A copy of the petition for writ of certiorari shall be served upon the county through the office of the County Manager.
(Ord. passed 6-21-04; Amended 3-5-12)