(A) Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefor, shall be filed with the Ordinance Administrator, who shall properly record such complaint, investigate, and take appropriate action as provided by this ordinance.
(B) The Ordinance Administrator, or other designated town official, shall inform the complainant, if complainant has identified themselves, as to whether a violation of this ordinance is discovered upon investigation, and if a violation is found to exist, the actions that will be taken by the town to address the violation.
(C) Nothing shall limit the Ordinance Admnistrator or other designated town official from investigating possible violations of this ordinance without receipt of a written complaint.
(A) Inspections and investigation.
(1) The Ordinance Administrator or other designated town official, as appropriate, shall have the power to conduct any lawful inspection and investigation as may be deemed necessary to carry out their duties as prescribed in this ordinance.
(2) In exercising these powers, the Ordinance Administrator or other designated town official may enter any premises open to the general public and located within the town’s planning jurisdiction at all reasonable hours for the purposes of inspection or other enforcement action.
(3) The Ordinance Administrator or other designated town official shall, upon presentation of proper credentials, and receipt of permission from a responsible entity, have the right to enter any premises within the town’s planning jurisdiction not open to the general public at any reasonable hour for the purpose of inspecting locations subject to any complaints or alleged violations, or determination of compliance or other enforcement action of this ordinance.
(4) If the Ordinance Administrator or other designated town official charged with enforcing this ordinance seeks to enter a premises not open to the general public but cannot obtain permission to enter from a responsible entity, the town shall obtain an administrative search or inspection warrant prior to entering the property.
(5) The Ordinance Administrator or other designated town official shall have the power to compel a person responsible for an alleged violation to provide written statements, certificates, certifications, evidence, or reports relating to complaints or alleged violations of this ordinance.
(B) Notice of violation. When the Ordinance Administrator finds that a violation of this ordinance has occurred, he or she shall take appropriate action to remedy the violation consistent with § 4.6, Remedies and Penalties. The Ordinance Administrator shall deliver a notice of violation to 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, by personal delivery, electronic delivery, or first-class mail. In addition, the notice of violation may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Such notification shall indicate:
(1) That a violation of this ordinance or other town law exists;
(2) The nature of the violations;
(3) The necessary action to correct or abate the violation;
(4) The deadline for correcting the violation;
(5) The penalties that may be assessed; and
(6) The ability to appeal the violation exists, and the process for doing so.
The notice of violation shall state what course of action is intended as well as what actions may be taken if the violation is not corrected within the time frame specified by the Ordinance Administrator. The notice of violation shall also advise the violator of their right to appeal the notice of violation to the Board of Adjustment within 30 days of the date the notice of violation was issued.
(C) Application of remedies and penalties. If the owner, occupant, or person responsible for the violation fails to comply with the notice of violation, from which no appeal has been taken within 30 days, as provided in the notification, the Ordinance Administrator shall take appropriate action, as provided in § 4.6, Remedies and Penalties, to correct and abate the violation and to ensure compliance with this ordinance.
(D) The initial written notice of a violation shall constitute final notice regarding a violation, through additional written notice may be provided, in the sole discretion of the Ordinance Administrator or other designated town official.
(E) Except as provided by G.S. §§ 160D-1123 or 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the Board of Adjustment.
(Ord. A.21.01, passed 6-3-2021; Ord. A.24.06, passed 10-3-2024)