(A) Administration and enforcement. The Zoning Administrator shall be responsible for the administration and enforcement of this chapter. The Chimney Rock Village Council hereby appoints the Zoning Administrator to administer and enforce this chapter.
(B) Authority. The Zoning Administrator shall have the following authority.
(1) Notice of violation. The Zoning Administrator shall have the authority to issue a notice of violation of all violations of this chapter. Where the owner of a sign is indicated on the sign or is otherwise apparent or known to the Zoning Administrator, a copy of the notice of violation shall be delivered to the sign owner by hand delivery or by certified mail. In all other cases, a copy of the notice of violation may be posted on the sign if the sign is readily accessible. A copy of the notice of violation shall also be delivered by hand delivery or certified mail to the property owner as shown on the Rutherford County tax records. In addition, service hereunder may be made in accordance with Rule 4 of the North Carolina Rules of Civil Procedure.
(2) Time to remedy violation. All violations shall be remedied within 30 days. The 30 day period shall commence upon the service of the notice of violation as set forth above.
(3) Extension of time for compliance. The Zoning Administrator shall have the authority to grant a single 30 day extension of time within which to remedy the violation. An extension of time may be issued based upon a written request for extension of time, which sets forth valid reasons for not complying within the original time period.
(4) Remedies for failure to comply. Pursuant to G.S. § 160A-175, the Zoning Administrator, in consultation with the Village Attorney, may choose from the remedies set forth below to enforce the requirements of this chapter when there is a failure to comply with the notice of violation. Those remedies are as follows.
(a) In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator may issue a citation setting forth a civil penalty of $50, pursuant to G.S. § 160A-175(c). In the case of a continuing violation, each 24 hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person(s) described in division (B)(1) above by the means set forth therein. In the event the offender does not pay the penalty within 30 days of service of the citation, the civil penalty shall be collected by the village in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of G.S. § 14.4.
(b) In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator shall have the authority to issue a remove order for any sign not brought into compliance with the provisions of this chapter within the time required by the foregoing provisions. Remove orders shall be issued to and served upon the person(s) described in division (B)(1) above by the means set forth therein. The sign shall be removed within 30 days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign to be removed and all of the reasons for issuance of the remove order, including specific reference to the provisions of this section which have been violated. In addition to or in lieu of the other remedies set forth in this section, the Zoning Administrator or his or her designee shall have the right to remove or cause to be removed any sign or structure located in any public or private road or highway right-of-way in violation of this chapter.
(c) In addition to or in lieu of the other remedies set forth in this section, the Village Attorney may seek injunctive relief in the appropriate court.
(5) Removal of dangerous signs. Pursuant to G.S. § 160A-412, the Zoning Administrator shall have the authority to summarily remove, abate, or remedy a sign, which the Rutherford County Building Inspector determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by the sign owner, or if the sign owner cannot be determined, by the property owner, and if it is not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes.
(6) Stay upon appeal. In the event of a timely appeal of a decision of the Zoning Administrator to the Board of Adjustment, enforcement of all proceedings and furtherance of the action appealed from is stayed, unless the Zoning Administrator certifies to the Board of Adjustment that a stay would cause imminent peril to life or property.
(7) Appeals. The Board of Adjustment shall hear and decide all appeals from any order, requirement, decision, or determination made by the Zoning Administrator, provided the appeal is made, in writing, within 30 days of receipt of the order, requirement, decision, or determination made by the Zoning Administrator. Pending appeal, the time limits set out in the notice or order shall be suspended. If the Board of Adjustment finds that the action of the Zoning Administrator has been taken for good cause and in accordance with this chapter, it shall so declare and the time period for compliance shall run from the issuance of the Board's findings. If the Board of Adjustment sustains the appeal of the petitioner, no further action will be taken by the Zoning Administrator.
(8) Appeals from the Board of Adjustment. Appeals from the Board of Adjustment may be taken to the courts within 30 days of the decision of the Board of Adjustment.
(Ord. passed 10-19-2004; Am. Ord. passed - -)