14.2.5 Determination of Violation of Performance Standards

      (A)   The Planning Director shall have the authority to determine violations of the standards set forth in this section.

      (B)   Where determination of a violation of these standards requires the use of personnel or instruments not available to Cary, and a violation exists in the opinion of the Planning Director, the following procedures shall be followed:

         (1)   The Planning Director shall give written notice of the alleged violation by registered or certified mail, return receipt requested, to the owner or occupant of the property. The notice shall describe the alleged violation, state the reasons why the Director believes there is a violation, and require that the owner or occupant answer the allegation within thirty (30) days of receiving the notice.

         (2)   After the thirty (30)-day period passes, if a dispute still exists between the Director and the alleged violator regarding the existence of a violation, then the alleged violator may appeal to the Zoning Board of Adjustment. The Director shall then transmit to the Board a copy of the notice given to the alleged violator, along with any recommendations as to alterations, modifications, or securing the services of a consultant to determine whether a standard has been violated. The Board then shall make a determination as to whether a violation exists.

         (3)   If the Zoning Board of Adjustment finds the alleged violation to exist, then the costs of making that determination shall be charged to the owner or occupant of the property responsible for the violation. If the Zoning Board of Adjustment determines that no violation exists, then Cary shall cover the costs of making the determination.

         (4)   If a violation is not removed or corrected as directed by the Zoning Board of Adjustment, then the Director may:

            (a)   Void any occupancy permits previously issued to the violator and require the operator to cease operation until the violation is removed, corrected, or otherwise remedied; and/or

            (b)   Initiate further enforcement actions under Chapter 11 of this Ordinance.

      (C)   Where determination of a violation of these standards does not require the use of personnel or instruments not available to Cary, the Director may initiate enforcement actions under Chapter 11 of this Ordinance.

(Ord. No. 2022-LDO-03, 10-27-22)