(A) Deny or Withhold Development Approval
The Director may deny or withhold development approval to use or develop any land, structure, or improvements until an alleged violation and associated civil penalty related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for development approval is responsible for the violation.
(B) Revoke Development Approval
Any development approval required under this Ordinance may be revoked when the Director determines that:
(1) There is a substantial departure from the approved application, plans, specifications, or conditions as required under the development approval;
(2) The development approval was procured by false statements or misrepresentations;
(3) The development approval was mistakenly issued in violation of an applicable State law or this Ordinance; or
(4) There is a refusal or failure to comply with the requirements of this Ordinance or any State law delegated to the Town for enforcement purposes in lieu of the State.
In accordance with Section 3.1.16, the Town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.
Written notice of revocation shall be served upon the holder of the development approval, the property owner, and the agent, applicant, or other person to whom the development approval was issued, by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application if holder of the development approval is different from the owner. Such notice may also be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.
(C) Assess Civil Penalties
Except where otherwise specified, violations of this Ordinance shall subject the offender to the following civil penalties:
1st day of violation | $100 |
2nd day of violation | $200 |
3rd day of violation | $300 |
Each day thereafter that violation continues | $400 |
Such penalties may be recovered by the Town in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for violation. Proceeds from civil penalties collected under this Section 11.5 shall go to the State of North Carolina's school system.
(D) Issue Stop Work Orders
Whenever any work or activity subject to this Ordinance is undertaken in substantial violation of any state or local law or this Ordinance (including violations of approved development plans or permits or failures to secure necessary approvals or permits); or in a manner that endangers life or property, the Director, or the appropriate inspector, has the authority to issue a stop work order for the specific part of the work or activity that is in violation or presents the hazard. Violation of a stop work order shall constitute a Class I misdemeanor. The following is the procedure for issuing a stop work order.
(1) A stop work order may be issued by the Director or appropriate staff member (e.g., erosion control officer, site inspector, zoning compliance officer, building inspector, code enforcement officer) for the site on which the violation has occurred.
(2) The stop work order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed.
(3) A copy of the order shall be delivered to the holder of the development approval and the owner of the property (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person delivering the stop work order shall certify that the order was delivered.
(4) Upon receipt of such an order on site, the person shall immediately stop that work described in the stop work order.
(5) The Director shall monitor compliance with the stop work order and shall determine if the conditions for resumption of the work have been met.
(6) Once conditions for resumption of the work have been met, the Director shall rescind the stop work order.
(7) Except for stop work orders involving alleged violations of the State Building Code or any approved local modification, a stop work order may be appealed pursuant to LDO Section 3.21.