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Asheville, NC Code of Ordinances
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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)