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Asheville, NC Code of Ordinances
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Sec. 7-18-6. Injunctive relief and other remedies.
(a)   Injunctive or other relief. In addition to, or in lieu of, the other remedies set forth in this article, the planning and development director or other city official charged with the duty of enforcing the regulations of this chapter, in the event of a violation of this chapter, may request that the city attorney institute in a court of competent jurisdiction an injunctive action, mandamus action, or other appropriate proceeding to prevent the completion or occupation of such building or structure, or use of land. Upon determining that an alleged violation is occurring or is threatened, a court hearing an appeal for relief, shall enter such orders and/or judgments as are necessary to abate or prevent the violation. The institution of an action for injunctive or other relief under this section shall not relieve any party to such proceeding from any civil or criminal penalty prescribed by this article for violations of this chapter.
(b)   Stop work orders. Stop work orders may be issued pursuant to N.C.G.S. § 160D-404(b), whenever any work or activity subject to regulations pursuant to this chapter or other applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity to be stopped, the reasons thereof, and the conditions under which the work or activity may be resumed. The city shall send the stop work order in writing pursuant to section 7-18-3(b)(2) above. Violation of a stop work order shall constitute a Class 1 misdemeanor pursuant to N.C.G.S. § 160D-404(b).
(c)   Revocation of permits. In the event of a violation of any regulation of this chapter, the planning and development director, or any other city official charged with the duty of enforcing the regulations of this chapter, may stop any development of, use of or activity on property by the revocation of applicable permits. Prior to revocation of permits the development approval holder must be notified in writing stating the reason for the revocation and the revocation shall follow the same development approval and review process required for issuance of the development approval, including the notice requirements. Any action under this section must not be inconsistent with N.C.G.S. § 160D-403(f).
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2618, § 1(b), 9-28-99; Ord. No. 4837, § 1(t), (u), 10-27-20)
ARTICLE XIX. TREE CANOPY PRESERVATION.
Sec. 7-19-1. Applicability.
(1)   The requirements of this article shall apply to any of the following development activities:
(a)   Single family residential.
1.   Any major or minor subdivision of land.
2.   Removal of trees within any steep slope zone or an aquatic buffer.
(b)   Multifamily residential and non-residential.
1.   Any major or minor subdivision of land.
2.   New building construction.
3.   New open uses of land.
4.   Expansion of existing buildings by over 25% of the existing floor area, or 10,000 square feet, whichever is less.
5.   Expansion of open uses of land by over 25% of the existing open use area or 20,000 square feet, whichever is less.
(2)   Exemptions.
(a)   Publicly funded transportation projects including but not limited to greenways, roads and sidewalks;
(b)   Portions of projects containing:
1.   Any existing or proposed easements, required by the utility companies or governing agency;
2.   Existing railroad rights of way or easements.
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
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