§ 4.2 COMPLIANCE REQUIRED.

   Compliance with all of the procedures, standards, and other provisions of this ordinance is required by all persons owning, developing, managing, using, or occupying land or structures within the town’s jurisdiction.

§ 4.3 VIOLATIONS.

   4.3.1   Violations generally.

   (A)   Failure to comply with ordinance provision or term or condition of approval constitutes ordinance violation. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this ordinance, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this ordinance shall constitute a violation of this ordinance punishable as provided in this article.

   (B)   Permits or development approvals only authorize specific development. Permits or development approvals issued by a decision-making body authorize only the use, arrangement, location, design, density or intensity, and development set forth in such permits or development approvals.

   4.3.2   Specific violations. It shall be a violation of this ordinance to undertake any land development activity contrary to the provisions of this ordinance, including, but not limited to, any of the following:

   (A)   Developing land or a structure without first obtaining the appropriate permit or permit approval;

   (B)   Occupying or using land or a structure without first obtaining the appropriate permit or permit approval;

   (C)   Developing land or a structure without complying with the terms or conditions of the permit or permit approval required to engage in development;

   (D)   Occupying or using land or a structure in violation of the terms or conditions of the permit or permit approval;

   (E)   Subdividing land without first obtaining the appropriate permit or permit approval required to engage in the subdivision;

   (F)   Subdividing land without complying with the terms or conditions of the permit or permit approval required to engage in the development;

   (G)   Excavate, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate permits and permit approvals, and complying with their terms and conditions;

   (H)   Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permit or permit approval;

   (I)   Fail to remove any sign installed, created, erected, altered, or maintained in violation of this ordinance, or for which the permit has expired;

   (J)   Create, expand, replace, or modify any nonconformity except in compliance with this ordinance;

   (K)   Reduce or diminish the requirements for development, design, or dimensional standards below the minimum requirements of this ordinance;

   (L)   Increase the intensity or density of development, except in accordance with the standards of this ordinance; and/or

   (M)   Through any act or omission, fail to comply with any other provisions, procedures, or standards required by this ordinance.

§ 4.4 RESPONSIBLE PERSONS.

   Any person who violates this ordinance shall be subject to the remedies and penalties set forth in this article. Other articles of this ordinance may describe responsible persons in more detail.

§ 4.5 ENFORCEMENT GENERALLY.

   4.5.1   Responsibility for enforcement. The Ordinance Administrator shall be responsible for enforcing the provisions of this ordinance in accordance with G.S. §§ 160A-174, 160A-175, 160A-193, and 160D-404.

   4.5.2   Complaints regarding violations. 

      (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.

   4.5.3   Enforcement procedures.

      (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)

§ 4.6 REMEDIES AND PENALTIES.

   Any of the following remedies and enforcement powers may be used to administer and enforce this ordinance following a notice of violation as described in division 4.5.3, Enforcement Procedures. While the town may exercise any of the following remedies or penalties at any point following issuance of a notice of violation and the required correction period, the following remedies and penalties are listed in their general order or sequence of application.

   4.6.1   Civil penalty.

      (A)   In addition to the other remedies cited in this ordinance for the enforcement of its provisions, and pursuant to G.S. § 160A-175, the standards in this ordinance may be enforced through the issuance of civil penalties by the Ordinance Administrator.

      (B)   Subsequent citations for the same violation may be issued each day by the Ordinance Administrator if the offender does not pay the citation after it has been issued unless the offender has sought an appeal to the actions of the Ordinance Administrator through an appeal of administrative decision.

      (C)   Except where greater civil penalties are authorized by statute or rule, civil penalties shall be issued in the following amounts:

         (1)   First citation: $50;

         (2)   Second citation: $100; and

         (3)   Third and subsequent citations: $500.

      (D)   Civil penalties for violations of § 15.2, Stormwater Requirements for New Development Implementing the Falls Lake Rules, or for a violation of a permit or other requirement pursuant to Article 15 may be assessed up to the full amount of the penalty authorized by G.S. § 143-215.6A. Appeals of penalties issued pursuant to this division 4.6.1(D) may be appealed to the Board of Adjustment in accordance with division 3.2.13.

      (E)   If the offender fails to pay the civil penalty within 15 days after having been cited, the town may recover the penalties in a civil action in the nature of debt.

   4.6.2   Stop work order.

      (A)   Issuance. Whenever any work or activity subject to regulation pursuant to this ordinance or any state law delegated to the local government for enforcement purposes in lieu of the state is undertaken in substantial violation of any applicable provision of this ordinance or state law or in a manner that endangers life or property, the Ordinance Administrator may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped, or request a stop work order be issued by the County Building Inspections Department.

      (B)   Delivery. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the town that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.

      (C)   Appeals. Except as provided by G.S. §§ 160D-1112 and 160D-1208, a stop work order may be appealed pursuant to G.S. § 160D-405. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

   4.6.3   Revocation of zoning permit. The Ordinance Administrator may revoke any zoning permit by written notification to the permit holder when violations of this ordinance have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this ordinance, or a permit has been mistakenly issued in violation of this ordinance. Permit revocation may only take place in accordance with the procedure used to issue the permit.

   4.6.4   Injunction. When a violation occurs, the Ordinance Administrator may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

   4.6.5   Order of abatement. In addition to an injunction, the town may apply for, and the court may enter into, an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

      (A)   Buildings or other structures on the property be closed, demolished, or removed;

      (B)   Fixtures, furniture, or other movable property be moved or removed entirely;

      (C)   Improvements, alterations, or repairs be made; or

      (D)   Any other action be taken that is necessary to bring the property into compliance with this ordinance.

   4.6.6   Equitable remedy. The town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this ordinance. The fact that other remedies are provided under general law or this ordinance shall not be used by a violator as a defense to the town’s application for equitable relief.

   4.6.7   Criminal penalties.

      (A)   Pursuant to G.S. § 14-4, any person, firm, or corporation convicted of violating the provisions of this ordinance adopted solely pursuant to G.S. Chapter 160D to the extent the violation relates to an unsafe building shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined an amount not to exceed $500.

      (B)   Violations of Article 15 of this ordinance may be subject to criminal prosecution to the extent allowed under G.S. § 143-215.6.B.

      (C)   If a specific provision of this ordinance specifies a criminal penalty for a violation, that provision shall control.

   4.6.8   Execution of court decisions.

   As provided in G.S. § 160A-175(e), if the violator fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt, and the town, by and through the Town Attorney, may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic’s and materialman’s lien.

   The violator may secure cancellation of an order of abatement by paying all costs of the proceeding and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned upon the defendant’s full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.

   4.6.9   Deny or withhold permits. The Ordinance Administrator may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation and associated civil penalty related to such land, use, or development is corrected.

(Ord. A.21.01, passed 6-3-2021; Ord. A.22.02, passed 4-7-2022; Ord. A.24.06, passed 10-3-2024)

§ 4.7 ASSESSMENT OF CIVIL PENALTIES.

   The following procedure shall be applied by the town in the assessment and collection of civil penalties.

      (A)   Civil penalties may not be assessed until the responsible entity in violation has been notified in accordance with division 4.5.3, Enforcement Procedures.

      (B)   If after receiving a written notice of violation under division 4.5.3, Enforcement Procedures, the responsible party fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section.

      (C)   Notice of the civil penalty assessment shall be served in the same manner as a notice of violation.

      (D)   The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the responsible party, and shall direct the responsible party to pay the civil penalty within 30 days of the date of the notice.

      (E)   Separate notices must be provided for the first or second violations. The town may, in its

discretion, treat the first notice for a violation as the final notice for chronic violators.

      (F)   Civil penalties may be assessed until compliance is achieved.

      (G)   If compliance is not achieved, then the town shall make a written demand for payment of penalties that have accrued while the property has been in violation.

      (H)   The demand for payment shall be sent to the responsible party in violation and must include a description of the violation for which the civil penalties have been imposed.

      (I)    Payment of the penalty shall not constitute a remedy for the violation.

      (J)   If payment is not received or an equitable settlement reached within 30 days after demand for payment is made, the town may recover any unpaid civil penalty by filing a civil action in the nature of debt.

(Ord. A.24.06, passed 10-3-2024)

§ 4.8 CUMULATIVE PENALTIES.

   The remedies provided for violations of this ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(Ord. A.24.06, passed 10-3-2024)