(A) In any case any building is created, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this chapter, the Zoning Enforcement Officer, or any other appropriate town authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation.
(B) If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, the owner or occupant shall be subject to such remedies including penalties as may be provided for by state law. If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.
(C) Subject to the provisions of the development regulation, any development regulation adopted pursuant to authority conferred by G.S. Chapter 160D may be enforced by any remedy provided by G.S. § 160A-175 or G.S. § 153A-123.
(1) If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used or developed in violation of G.S. Chapter 160D or this chapter, of any development regulation or other regulation made under authority of G.S. Chapter 160D, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.
(2) Historic landmark. In case any building, structure, site, area or object designated as a historic landmark or located within a historic district designated pursuant to this G.S. Chapter 160D is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the development regulation or other provisions of this chapter, the town, the Historic Preservation Commission, or other party aggrieved by such action may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling or removal, to restrain, correct or abate such violation, or to prevent any illegal act or conduct with respect to such building, structure, site, area or object. Such remedies shall be in addition to any others authorized by G.S. Chapter 160D for violation of an ordinance. For similar state law provisions, refer to G.S. § 160D-404.
(D) Any one or all of the following procedures may be used to enforce the provisions of this chapter.
(1) Injunction. Any violation of this chapter or of any condition, order, or requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.
(2) Civil penalties. Any person who violates any provisions of this chapter shall be subject to the assessment of a civil penalty the maximum civil penalty allowed by law.
(a) Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation in accordance with § 154.092 of this chapter. If after receiving a notice of violation the owner or other violator fails to take corrective action, a civil penalty in the amount of $50 may be imposed under this section in the form of a citation. The citation shall be served in the manner of a notice of violation. The citation shall state the nature of the violation, the civil penalty to be imposed upon the violator and shall direct the violator to pay the civil penalty within 30 days of the date of the notice. In accordance with G.S. § 160A-175, violation of local ordinances are declared a misdemeanor.
1. Except as provided in division 2. or 3. below of this section, if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under G.S. Chapter 162A, Article 5, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500. No fine shall exceed $50 unless the ordinance expressly states that the maximum fine is greater than $50.
2. If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he or she shall be responsible for an infraction and shall be required to pay a penalty of not more than $50.
3. A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to division 1. above of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following:
a. No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation; or
b. The person provides proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance.
For similar state law provisions, refer to GS § 160A-175.
(b) Responsible parties. The owner or occupant of any land, building, structure, sign, or use of land or part thereof and any architect, builder, contractor, agent or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of this chapter may be held responsible for the violation and subject to the civil penalties and remedies herein provided.
(c) Continuing violation. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.
(d) Demand for payment.
1. The Zoning Enforcement Officer shall make written demand for payment upon the property owner or the person in violation, and shall set forth in detail a description of the violation for which the civil penalty has been imposed.
2. Nonpayment. If payment is not received or equitable settlement reached within thirty days; after demand for payment is made, the matter shall be referred to legal counsel for institution of a civil action in the appropriate division of the General Courts of Justice for recovery of the civil penalty. Provided however, if the civil penalty is not paid within the time prescribed, the Zoning Enforcement Officer may have a criminal summons or warrant issued against the violator. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to G.S. § 14-4.
(e) Bring court action prior to expiration of statute of limitations. Be aware that a local government must bring a court action in advance of the applicable five- and seven-year statutes of limitation.
1. Five years. Action by the town against the owner of an interest in real property for a violation of a land-use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law must be brought within five years. The claim for relief accrues upon the occurrence of the earlier of any of the following:
a. The facts constituting the violation are known to the governing body, an agent, or an employee of the unit of local government.
b. The violation can be determined from the public record of the unit of local government. For similar state law provisions, refer to G.S. Chapter 1-51.
2. Seven years. Action by the town against the owner of an interest in real property for a violation of a land-use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law must be brought from the earlier of the following:
a. The violation is apparent from a public right-of-way.
b. The violation is in plain view from a place to which the public is invited.
For similar state law provisions, refer to G.S. § 1-49(3).
(3) Denial of permit or certificate. The Zoning Enforcement Officer may withhold or deny any permit, certificate, occupancy or other form of authorization on any land, building, sign, structure or use in which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate or other authorization previously granted.
(4) State and common law remedies. In addition to other enforcement provisions contained in this subchapter, the Board of Commissioners may exercise any and all enforcement powers granted to it by state law or common law.
(Ord. 23-241, passed 7-18-2023)