(A) Responsibility for enforcement. The Ordinance Administrator shall be responsible for enforcing the provisions of this chapter in accordance with G.S. §§ 160A-174, 160A-175 and 160A-193.
(B) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefor, shall be filed with the Ordinance Administrator, who shall properly record such complaint, investigate and take appropriate action as provided by this chapter.
(C) Enforcement procedures.
(1) Notice of violation.
(a) When the Ordinance Administrator finds a violation of this chapter, he shall take appropriate action to remedy the violation consistent with § 152.999(A) of this chapter. The Ordinance Administrator shall notify, in writing, the person violating this chapter. Such notification shall indicate:
1. The nature of the violation;
2. Order the necessary action to abate the violation; and
3. Give a deadline for correcting the violation.
(b) The final notice of violation (the initial notice of violation may also be the final notice of violation) shall state what course of action is intended if the violation is not corrected within the time frame specified by the Ordinance Administrator. The notice of violation shall also advise the violator of his or her rights to appeal the notice of violation to the Board of Adjustment (BOA) within 30 days of the date the final notice of violation was issued.
(2) Application of remedies and penalties. If the owner, occupant or person responsible for the violation fails to comply with the final notice of violation from which no appeal has been taken within 30 days, as provided in the notification, the Ordinance Administrator shall take appropriate action, as provided in § 152.999(A) of this chapter, to correct and abate the violation and to ensure compliance with this chapter.
(D) Statute of limitations. The state’s General Assembly passed a bill signed into law by the Governor limiting enforcement of zoning violations. The bill became law in 2017 and is effective 10-1-2018. The law creates a five-year and a seven-year limitation for enforcing zoning violations, dependent upon on the circumstances of a violation.
(Ord. passed 3-5-2018)
Statutory reference:
Statute of Limitations/Land Use Violations, Senate Bill 0131: Section 2.15(a) (Five years); Section 2.15(b) (Seven years); Section 2.15(c) (Effective date).)