(a) Violations: Any of the following shall be a violation of this chapter and subject to enforcement proceedings and remedies as established by local and state law.
1. Development Without a Permit: Any work, development, use, construction, remodeling or other activities without first securing the necessary permits as established by this chapter or in violation of any state law delegated to Dare County enforcement purposes.
2. Development Inconsistent with Permit: Work, development, use, construction, remodeling or other activities which is inconsistent with an approved site plan, special use permit or other development approval authorized by Dare County.
3. Use Violation: Construction, alteration, repair, or use of a building, structure or land that is not an authorized permitted use or special use in the applicable zoning district or is in violation of other zoning regulations found in this chapter.
4. Unauthorized Occupancy: Occupancy or use of a building or structure without or before the certificate of zoning compliance has been issued by Dare County for development activities.
(b) Notice of Violation: When the Dare County staff determines a violation has occurred, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval. The notice procedures of Section 22-72 shall be followed. The official providing the notice of violation shall certify that the notice was provided and the certificate shall be deemed to be conclusive in the absence of fraud.
(c) Stop Work Orders: Whenever work or activity is undertaken in substantial violation of any state or local law or in a manner that endangers life or property, Planning Department staff may order the specific part of the work or activity that is in violation or presents a hazard to be immediately stopped. The written order shall be directed to the person doing the work or activity and shall state the specific work or activity to be stopped, the reasons for the work stoppage, and the conditions under which the work or activity may be resumed. A copy of the order 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. The notice shall be delivered by personal delivery, electronic delivery, or first class mail to the occupant of the property and any person undertaking the work. The person delivering the stop work order shall certify that the notice was provided and the certificate shall be deemed to be conclusive in the absence of fraud. Except as provided in G.S. 160D-1112 and 160D 1208, a stop work order may be appealed to the Board of Adjustment according to Section 22-70 of this chapter. Violation of a stop work order shall constitute a Class 1 misdemeanor.
(d) Remedies: Failure to comply with a violation notice issued by Dare County and/or the Board of Adjustment shall be subject to remedies and penalties of § 10.99 of the Dare County Code and as provided by state law.
(Am. Ord. passed 6-21-2021)