§ 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. 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.

   4.5.3   Enforcement procedures.

      (A)   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)   The nature of the violation(s);

         (2)   The necessary action to correct or abate the violation; and

         (3)   The deadline for correcting the violation.

   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.

      (B)      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.

      (C)   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)