(A) Enforcement of provisions. The Planning Director, or his or her designee is charged with the enforcement of the provisions of this chapter. If the Planning Director or a designee finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the persons responsible for such violations, indicating the nature of violation and ordering the actions necessary to correct it. They shall also take any other action authorized by this chapter to ensure compliance with or to prevent the violation of its provisions.
(B) Applicability.
(1) In accordance with G.S. § 160A-175 and § 10.98 of the Town's Code of Ordinances, any person violating any provision of this chapter must remedy the violation. Violations are considered a civil penalty, and violators are required to pay a separate penalty for each violation until the provisions of this chapter are met. Each day that a violation fails to comply with a provision of this chapter is considered a separate and distinct violation.
(2) In case a building or structure is erected, constructed, reconstructed, repaired, converted, or maintained, or a building, structure, or land is used in violation of this chapter, the Planning Director, or his or her designees, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation.
(3) In accordance with G.S. § 160D-807, "Penalties for Transferring Lots in Unapproved Subdivisions", any person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, subdivides his land in violation of the subdivision requirements set forth in the Town's Unified Development Code, or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved in accordance with the UDC and recorded in the office of the appropriate register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the UDC.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2013-12-06, passed 12-2-13; Am. Ord. 2021-02-02, passed 2-15-21)