(a) Complaints. When a violation of this article occurs, or is alleged to have occurred, any person may file a written or verbal complaint with the Administrator. Such complaint shall state fully the cause and basis thereof and shall be filed with the Administrator, or his authorized agent. An investigation should be made within ten (10) days. Actions as provided in these regulations shall be taken.
(b) Inspections. The Administrator is authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.
(c) Violations. When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other local development regulation or any state law delegated to the Town for enforcement purposes in lieu of the state, or in violation of the terms of a development approval, a written notice of violation may be issued.
(1) The notice of violation shall be delivered 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 and 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.
(2) The notice shall include a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action and notice of right to appeal. The notice shall also state the time allowed, if any, to correct the violation, which time may vary depending on the nature of the violation and knowledge of the violator.
(3) 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. Except as provided by G.S. § 160D-1123 or G.S. § 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the Board of Adjustment pursuant to G.S. § 160D-405.
(d) Remedies. In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the Administrator, or any other appropriate Town authority, or any person who would be damaged by the violation, in addition to other remedies, may institute an action for injunction, mandamus or other appropriate action or proceeding to prevent the violation.
(Ord. of 6/24/21)