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Administrative staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government, pursuant to the authority of G.S. § 160D-109.
(Ord. passed 12-19-22; Am. Ord. passed 8-21-23)
(A) The county may being an action for injunction and order abatement for any illegal residential subdivision, transfer, conveyance or sale of land therein, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter under G.S. § 160D-807. This chapter may also be enforced by other appropriate, equitable remedies issued from a court of competent jurisdiction under G.S. §160D-807.
(B) It shall be a violation if a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of the county, subdivides his land in violation of this chapter, or transfers or sells land by reference to, exhibition of, or any other use of a plat showing such residential subdivision before the plat has been properly approved under this chapter and recorded in the office of the County Register of Deeds. Such violation shall be a misdemeanor.
(C) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty.
(Ord. passed 3-20-96; Am. Ord. passed 3-5-12; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23)
(A) Each day of a violation of this chapter shall be a separate offense.
(B) Financial penalties. In addition to criminal penalties for a violation of this chapter, the Board of County Commissioners may impose civil penalties for each day's continuation of the offense. The amount shall be limited to $500. A penalty unpaid 30 days after the offender has been cited for violation of this chapter may be recovered in a civil action in the General Court of Justice.
(C) Other remedies. All appropriate remedies for relief authorized by G.S. §160D-404, including orders for mandatory and prohibitory injunctions and for abatements, may be used to enforce this chapter.
(Ord. passed 3-20-96; Am. Ord. passed 3-5-12; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23)