(A) Remedies and penalties. Any of the following remedies and enforcement powers may be used to administer and enforce this chapter following a final notice of violation as described in § 152.099(C) of this chapter. While the town may exercise any of the following remedies or penalties at any point following issuance of a final notice of violation and the required correction period, the following remedies and penalties are listed in their general order or sequence of application.
(1) Repeat violations. In addressing repeat violations by the same offender over any three-year period, the town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.
(2) Civil penalty.
(a) In addition to the other remedies cited in this chapter for the enforcement of its provisions, and pursuant to G.S. § 160A-175, the standards in this chapter may be enforced through the issuance of civil penalties by the Ordinance Administrator.
(b) Subsequent citations for the same violation may be issued each day by the Ordinance Administrator if the offender does not pay the citation after it has been issued unless the offender has sought an appeal to the actions of the Ordinance Administrator through an appeal of administrative decision.
(c) Civil penalties shall be issued in the following amounts:
1. First citation: $50;
2. Second citation: $100; and
3. Third and subsequent citations: $150.
(d) If the offender fails to pay the civil penalty within 15 days after having been cited, the town may recover the penalties in a civil action in the nature of debt.
(3) Stop work order. Whenever a building or structure is being constructed, demolished, renovated, altered or repaired in violation of any applicable provision of this chapter, the Ordinance Administrator may order the revocation of the zoning permit for such work and request a stop work order be issued by the county’s Building Inspections Department. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.
(4) Revocation of zoning permit. The Ordinance Administrator may revoke any zoning permit by written notification to the permit holder when violations of this chapter have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this chapter or a permit has been mistakenly issued in violation of this chapter.
(5) Injunction. When a violation occurs, the Ordinance Administrator may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.
(6) Order of abatement. In addition to an injunction, the town may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(a) Buildings or other structures on the property be closed, demolished or removed;
(b) Fixtures, furniture or other movable property be moved or removed entirely;
(c) Improvements, alterations or repairs be made; or
(d) Any other action be taken that is necessary to bring the property into compliance with this chapter.
(7) Equitable remedy. The town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this chapter. The fact that other remedies are provided under general law or this chapter shall not be used by a violator as a defense to the town’s application for equitable relief.
(8) Criminal penalties. Pursuant to G.S. § 14-4, any person, firm or corporation convicted of violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount not to exceed $500.
(9) Execution of court decisions.
(a) As provided in G.S. § 160A-175(e), if the violator fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt, and the town, by and through the Town Attorney, may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic’s and material man’s lien.
(b) The violator may secure cancellation of an order of abatement by paying all costs of the proceeding and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned upon the defendant’s full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(10) Deny or withhold permits. The Ordinance Administrator may deny or withhold authorization to use or develop any land, structure or improvements until an alleged violation and associated civil penalty related to such land, use or development is corrected.
(B) Cumulative penalties. The remedies provided for violations of this chapter, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(Ord. passed 3-5-2018)