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Asheville Overview
Asheville, NC Code of Ordinances
ASHEVILLE, NORTH CAROLINA CODE OF ORDINANCES
SUPPLEMENT HISTORY TABLE
PART I - CHARTER AND RELATED LAWS
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION
Chapter 3 ANIMALS
Chapter 4 BUILDINGS AND BUILDING REGULATIONS
Chapter 4.5 CABLE SERVICES AND TELECOMMUNICATIONS
Chapter 5 CEMETERIES
Chapter 6 FIRE PREVENTION AND PROTECTION
Chapter 7 DEVELOPMENT
Chapter 8 HISTORIC PRESERVATION
Chapter 9 TAXES, PERMITS AND BUSINESS REGULATIONS
Chapter 10 NUISANCES
Chapter 11 OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 12 PARKS, RECREATION AND PUBLIC PLACES
Chapter 13 POLICE
Chapter 15 SOLID WASTE MANAGEMENT
Chapter 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 18 TAXICABS AND VEHICLES FOR HIRE
Chapter 19 TRAFFIC
Chapter 20 TREES
Chapter 21 WATER DISTRIBUTION SYSTEM
APPENDIX A SIGN REGULATIONS
APPENDIX B SCHEDULE OF CIVIL PENALTIES
APPENDIX C TRAFFIC SCHEDULES
APPENDIX D HISTORIC LANDMARKS
APPENDIX E PARKING METER ZONES
APPENDIX F SCHEDULE OF TAXICAB FARES
APPENDIX G RECREATIONAL FACILITIES WHERE CONCEALED HANDGUNS ARE PROHIBITED
APPENDIX H DESIGNATED STREET PERFORMANCE HIGH IMPACT AREAS
CODE COMPARATIVE TABLE 1965 CODE
CODE COMPARATIVE TABLE ORDINANCES
STATE LAW REFERENCE TABLE
Asheville, Standard Specifications and Details Manual
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ARTICLE XVIII. ENFORCEMENT
Sec. 7-18-1. Duties regarding enforcement.
(a)   Unless specifically set forth otherwise in this chapter, the City of Asheville Planning and Development Director is hereby authorized to enforce the provisions of this chapter. The planning and development director may enter any building, structure, or premises as provided by law, to perform any duty imposed upon him or her by this chapter.
(b)   Interference. It shall be unlawful for any person to interfere with, hinder, resist, or obstruct a city employee while the city employee is carrying out any duty created under this chapter. A violation of this section is a misdemeanor as set forth in N.C. Gen. Stat. sec. 14-4.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3467, § 1(a), 5-8-07)
Sec. 7-18-2. Penalties for violations.
(a)   Liabilities for violations. Pursuant to N.C. Gen. Stat. sec. 160A-175, any person who erects, constructs, reconstructs, alters, repairs, converts, or maintains any building, structure, sign or sign structure or develops, grades or otherwise alters property in violation of this chapter, any person who uses any building, structure, sign or sign structure or land in violation of this chapter or owns the property where a person erects, constructs, reconstructs, alters, repairs, converts, or maintains any building, structure, sign or sign structure or develops, grades or otherwise alters property in violation of this chapter shall be subject to civil and criminal penalties in accordance with this article.
(b)   Civil penalties.
(1)   General. Violations of this chapter, except as otherwise stated herein, including violations of sections 7-5-13, 7-12-1, 7-12-2 and article XV, shall subject the offender to a penalty in the amount of $100.00 per day for each day the violation continues, to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for the violation.
a.   There shall be a civil penalty for damaging or destroying trees and vegetation for use in landscaping and buffering as set forth in section 7-11-2 of the chapter. This section is also applicable to trees and vegetation destroyed from a historic landmark or property in a Historic District without a certificate of appropriateness as set forth in section 7-5-11. The additional one time fine shall be set forth in Appendix B - Schedule of Civil Penalties subsection I. The replacement schedule will not be applicable for violations of section 7-5-11. This civil penalty is in addition to the civil penalty issued in subsection 7-18-2(b)(1).
b.   There shall be an additional civil penalty for altering, damaging or destroying the exterior of a historic landmark or structure in a Historical District without a valid certificate of appropriateness issued pursuant to section 7-5-11 as set forth in Appendix B - Schedule of Civil Penalties subsection J. This civil penalty is in addition to the civil penalty issued in 7-18-2(b)(1).
c.   There shall be a penalty of $500.00 per day for a violation of any of the provisions of this chapter relating to the use of a residential structure for a Lodging use, including:
1)   The renting or leasing of a dwelling unit for less than one month in districts which do not allow lodging facilities; and
2)   The use of property as a homestay.
(2)   Stormwater control, soil erosion and sedimentation control, illicit discharge and connection.
a.   Violation of soil erosion and sedimentation regulations: Any person who violates any of the provisions of the soil erosion and sedimentation control requirements of section 7-12-2 and/or who initiates a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation.
b.   Violation of stormwater control, illicit discharge and connection regulations: Any person who violates the stormwater control, illicit discharge and connection regulations of section 7-12-2, shall be subject to a civil penalty. The maximum civil penalty for a violation is $25,000.00; however; for a continuing violation the maximum per day per violation penalty shall be $10,000.00, unless a civil penalty has been imposed against the violator within the five years preceding the current violation. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation.
c.   Assessment of penalty: The amount of the civil penalty shall initially be determined and assessed by the stormwater administrator in strict accordance with the table of penalties as set forth herein.
 
Table of Penalties
Erosion and Sediment Control
 
Grading without permit
Site/Plan not in accordance with approved plan
Failure to maintain erosion control measures
Offsite Sedimentation
Buffer zone violation
Graded slopes or fills not in compliance
Lack of ground cover
Improper fill material
Failure to file/ falsification of inspection report
Other Violations of Erosion and Sediment Laws
Immediate Fine
$100 per 2,000 SF disturbed max of $5,000 NOV Issued
NOV Issued
NOV Issued
Slight- $0—$500
Moderate $501—$ 2,000
Severe $2,001 —$5,000
NOV Issued
$100 per 5 SF disturbed, max of $5,000, NOV Issued
NOV Issued
NOV Issued
NOV Issued
$2,000 for falsification of report
Possible $0—$5,000
On Going Violation (Failure to Comply with NOV)
Per day penalty equal to or greater than immediate penalty
$500 per measure not installed correctly or $1,000 per measure not installed, max of $5,000 (every 100 L.F. of silt fence or diversion shall be counted as 1 measure)
$500 per measure not maintained correctly, max of $5,000 (every 100 L.F. of silt fence or diversion shall be counted as 1 measure)
Per day penalty equal to or greater than immediate penalty
Per day penalty equal to or greater than immediate penalty $100 per 100 SF not compliant max of $5,000
$100 per 100 SF not compliant max of $5,000
$0—$5, 000 (To be based on amount of improper fill and possible hazard for failure or leeching of pollutants)
$200 per reporting period for each report not filed
Possible $0—$5,000
 
 
d.   Guidelines for penalty assessment: In determining the amount of the penalty to assess, the stormwater administrator shall be guided by the following:
1.   Soil erosion and sedimentation regulation: The stormwater administrator shall be guided by the degree and harm caused by the violation; the cost of rectifying damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully and the prior record of the violator in complying or failing to comply with referenced subsection.
2.   Stormwater control, illicit discharge and connection regulations: The stormwater administrator shall be guided by the degree and extent of harm to the natural resources of the city, to the public health, or to private property resulting from the violation; the duration and gravity of the violation; the effect on ground or surface water quantity or quality or on air quality; the cost of rectifying the damage; the amount of money the violator saved by noncompliance, whether the violation was committed willfully and the prior record of the violator in complying or failing to comply with referenced subsection.
e.   Notice of civil penalty assessment: The stormwater administrator shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment in writing, within 30 days after receipt of the notice of assessment.
f.   Appeal to erosion control plan review committee: Any aggrieved party may file an appeal of the penalty assessment made by the stormwater administrator to the erosion control plan review committee (committee) within 30 days of receipt of the penalty assessment. The appeal must be submitted in writing to the stormwater administrator and shall specify the grounds for appeal. The stormwater administrator shall forthwith transmit to the Committee all documents constituting the record on which the decision appeal was taken. A hearing for the appeal shall be held within 30 working days after the receipt of the written appeal. The hearing shall be quasi- judicial with the right of the aggrieved party to have counsel present, to confront and examine witnesses and to review all documents. In the absence of an appeal to the committee, the penalty assessment of the stormwater administrator shall be final. The committee may reverse or affirm, wholly or partly, or may modify the penalty appealed from along with the associated findings made therein to support the penalty. To this end, the committee shall have all the powers of the stormwater administrator from whom the appeal is taken.
g.   Appeal to superior court: Every decision of the committee shall be subject to review by the superior court by proceedings in the nature of certiorari. Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the decision of the committee is filed in the office of the stormwater administrator or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the committee at the time of its hearing of the case, whichever is later. The decision of the committee may be delivered to the aggrieved party either by personal service, by registered mail or certified mail returned receipt requested or by any means authorized under G.S. 1A-1, Rule 4. The appeal shall be limited to the record before the committee.
h.   Failure to appeal and/or pay: Any civil penalty assessed a person who violates the provisions of section 7-12-2 of this chapter shall be recovered by the city in a civil action in the nature of debt, to be brought in the Buncombe County Superior Court if the offender fails to give notice of timely appeal and fails to pay the penalty within the prescribed period of time after he or she has been cited for the violation.
(C)   Each day a separate violation. Except as indicated in subsection 7-18-2(b)(1) and 7-18(b)(2)(c) above, each day that a violation continues shall constitute a separate and distinct violation or offense.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2902, § 1(t), 3-12-02; Ord. No. 3467, §§ 1(b)—(d), 5-8-07; Ord. No. 3522, §§ 1, 2, 8-21-07; Ord. No. 3812, § 1, 11-24-09; Ord. No. 3877, §§ 1, 2, 6-8-10; Ord. No. 4445, § 1a, 8-25-15; Ord. No. 4837, § 1(r), 10-27-20; Ord. No. 4910, § 2, 11-9-21)
Sec. 7-18-3. Notice of violation and citation procedure.
(a)   Notice required before penalty. No penalty shall be assessed pursuant to section 7-18-2 above unless and until the person alleged to be in violation has been notified of the violation in accordance with this section. Provided however, for purposes of section 7-12-2 of this chapter, notice shall be deemed sufficient to comply with this paragraph if the notice of violation is issued simultaneously with the penalty assessment.
(b)   Notice of violation; opportunity to cure.
(1)   Recipient of notice of violation. Whenever any city official charged with the duty of enforcing regulations in this chapter has reasonable cause to believe that a person is violating any of the provisions of this chapter or any permit, plan, order, or condition issued pursuant to this chapter, that official shall notify, the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, and may be provided by similar means to the occupant of the property or the person undertaking the work or activity.
(2)   Service requirements. Notices of violation shall be in writing and shall be served by personal delivery, electronic delivery, or by certified or registered mail, return receipt requested. In addition, the notice of violation may be posted on the property involved, in accordance with N.C.G.S. § 160D-404(a), and service hereunder may be made in accordance with Rule 4 of the North Carolina Rules of Civil Procedure. The notice of violation may include, but not be limited to, an order to discontinue the illegal use of land, buildings or structures; require removal of illegal buildings, structures, or uses or removal of illegal additions, alterations or structural changes; discontinue the illegal work being done; or require any other action to insure compliance with or prevent violation of this chapter. The notice of violation shall include an opportunity to cure the violation within a prescribed period of time.
(3)   Notification of owner upon violator noncompliance. Where the person violating a provision of this article is not the owner of the property, the city shall send a notice of violation to both the tenant and the owner of the property.
(c)   Extension of time to cure. Upon receipt of a written request from the alleged violator or the property owner for an extension of time to cure or correct the violation, the city official charged with the duty of enforcing the regulations(s) being violated may grant a single extension of time, not to exceed a period of 30 days, in which the alleged violator may cure or correct the violation before the city issues a citation pursuant to subsection 7-18-3(d) below.
(d)   Citation for violation. Any person who, after being given a notice of violation pursuant to subsection 7-18-3(b) above, does not comply with this chapter within the time period set forth in the notice of violation or within any extension of time granted pursuant to subsection 7-18-3(c) above, and who continues such violation, shall be subject to the enforcement remedies set forth in this article. The city shall serve a written fine citation on the alleged violator and/or property owner by personal delivery or by first class U.S. mail with delivery conformation or similar service offered by the U.S. Postal Service. The citation shall specify the amount of any civil penalty which shall be levied against the alleged violator or the type of criminal penalty applicable.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2618, § 1(a), 9-28-99; Ord. No. 3204, § 1, 1-25-05; Ord. No. 3467, §§ 1(e), (f), 5-8-07; Ord. No. 3522, § 3, 8-21-07; Ord. No. 3877, § 3, 6-8-10; Ord. No. 4837, § 1(s), 10-27-20)
Sec. 7-18-4. Action for recovery of civil penalty; action for institution of criminal process.
(a)   If payment of a civil penalty is not made, or violations are not cured or corrected, within the time specified in the citation, then the matter may be referred to the city attorney for institution of a civil action in the name of the city in a court of competent jurisdiction.
(Ord. No. 2618, § 1(c), 9-28-99; Ord. No. 4910, § 2, 11-9-21)
Sec. 7-18-5. Summary removal of signs/sign structure; remove orders for signs/sign structure.
(a)   Pursuant to N.C. Gen. Stat. § 160A-193, the city shall have the authority to summarily remove, abate, or remedy a sign or sign structure which the city determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by the sign owner, or if the sign owner cannot be ascertained, by the property owner, and if not paid, there shall be a lien placed upon the land or premises where the nuisance arose, and it shall be collected as unpaid taxes.
(b)   Pursuant to N.C. Gen. Stat. §§ 160A-193 and 160A-296, any signs or sign structures prohibited under subsections 7-13-3(1) and (2) are hereby declared to be a public health nuisance in that they are dangerous or prejudicial to the public health or public safety and the sign administrator shall have the authority to remove summarily the sign and/or sign structure.
(c)   The sign administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time prescribed by a notice of violation. Remove orders shall be issued to and served upon the sign/sign structure owner, or if the sign/sign structure owner cannot be ascertained, to and upon the property owner by the means set forth in subsection 7-18-3(b). The sign or sign structure shall be removed 30 days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign or sign structure to be removed and the reason(s) for issuance of the remove order, including specific reference to the provisions of article XII of this chapter which have been violated.
(d)   In the event of failure to comply with the requirements of a remove order, the sign administrator may cause such sign or sign structure to be removed. The sign owner and property owner may be jointly and separately liable for the expense of removal. Notice of the cost of removal shall be served as set forth in subsection 7-18-3(b). If said sum is not paid within 30 days thereafter, said sum may be collected by the city in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of N.C. Gen. Stat. § 14-4.
(Ord. No. 2618, § 1(d), 9-28-99)
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