A violation of this chapter may be enforced as follows:
(A) Notice of violation. When staff determines work or activity has been undertaken in violation of this chapter or any approval issued hereunder, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the approval and to the landowner of the property involved, if the landowner is not the holder of the 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. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the county that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. A notice of violation may be appealed to the Board of Adjustment, and the Board of Adjustment shall follow quasi-judicial processes as set forth in § 154.024.
(B) Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter 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. 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. A copy of the order shall be delivered to the holder of the subdivision approval and to the owner of the property involved (if that person is not the holder of the subdivision approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the county that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. A stop work order may be appealed to the Board of Adjustment, and the Board of Adjustment shall follow quasi-judicial processes as set forth in § 154.024. 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.
(C) Remedies. This chapter may be enforced by any remedy provided by G.S. § 153A-123. A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by G.S. § 153A-123. 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 this chapter, the county, 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. The county may commence a civil action in the appropriate division of the General Court of Justice for enforcement in accordance with G.S. § 153A-123.
(D) Revocation of development approvals. Development approvals may be revoked by the county by notifying the holder in writing stating the reason for the revocation. The county shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the county for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to § 154.042. If an appeal is filed regarding a development regulation adopted by the county pursuant to G.S. Ch. 160D, the provisions of § 154.042 regarding stays apply.
(E) Criminal penalties.
(1) Any person, firm, or corporation violating any section or provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than $500 and/or imprisoned not more than 20 days for each violation (G.S. § 153A-123).
(2) Each day such violation continues, however, shall be a separate and distinct offense, punishable as herein before provided.
(3) The Zoning Administrator may refer a violation to the proper authority for possible criminal prosecution.
(F) Civil penalties.
(1) Violation of this chapter subjects the violator to a civil penalty in the amount of $100 for each violation (G.S. § 153A-123(c)).
(2) The Zoning Administrator may impose a civil penalty by giving the violator a written citation, either in person or by certified or registered mail, return receipt requested. The Zoning Administrator shall have the discretion to stay the accrual of civil penalties pending reasonable efforts by the violator to correct the violation.
(3) The citation shall describe the nature of the violation, specify the amount of the civil penalty being imposed, and direct the violator to pay the civil penalty to the county finance office within ten days of the date the citation is received. If the violator fails to either pay the civil penalty or correct the violation within this time limit, the Zoning Administrator may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty.
(4) For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the written citation shall constitute a separate violation that subjects the violator to additional civil penalty.
(Ord. passed 6-21-21)