When the Zoning Enforcement Officer or his or her agent finds a violation of this chapter or receives a complaint alleging a violation of this chapter it shall be his or her duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation.
(A) Notices of violation. When the Zoning Enforcement Officer determines work or activity has been undertaken in violation of a development regulation adopted pursuant to G.S. Chapter 160D or this chapter, or other local development regulation or any state law delegated to the town for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued.
(1) The notice of violation 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, by personal delivery, electronic delivery, or first class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity.
(2) The notice of violation may be posted on the property.
(3) The person providing the notice of violation shall certify to the town that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud.
(4) Except as provided by G.S. § 160D-11-23, § 160D-12-6, or otherwise provided by law, a notice of violation may be appealed to the Board of Adjustment pursuant to G.S. § 160D-405.
For similar state law provisions, refer to G.S. § 160D-404.
(B) Stop work orders. Whenever any work or activity subject to regulation pursuant to G.S. Chapter 160D, this chapter, or other applicable town regulation or any state law delegated to the town for enforcement purposes in lieu of the state is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped.
(1) The 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.
(2) A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first class mail.
(3) The person or persons delivering the stop work order shall certify to the town that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.
(4) Except as provided by G.S. § 160D-11-12 and 160D-12-8, a stop work order may be appealed pursuant to G.S. § 160D-4-5.
(5) No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.
For similar state law provisions, refer to G.S. § 160D-404
(Ord. 23-241, passed 7-18-2023)