Sec. 36-430. Remedies.
   Any 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, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceedings pursuant to state law.
      (2)   Civil penalties. Any person who violates any provision of this chapter shall be subject to the assessment of a civil penalty under the procedures provided in section 36-431.
      (3)   Denial of permit, application or certificate. The administrator or his designee shall withhold or deny any permit, application, certificate, or other authorization on any land, building, structure, sign, 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. Furthermore, the administrator may request the county building inspector withhold applicable building permits under the state building code until any violation of this chapter has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions.
      (4)   Special permit or temporary certificate. The administrator or his designee may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security bond approved by administrator.
      (5)   Stop-work orders. Whenever any land disturbing activity is commenced and/or a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. 160D or the state building code. Furthermore, the administrator may request the county building inspector issue a stop-work order regarding applicable building permits issued under state building code until any violation of this chapter has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions.
      (6)   Revocation of permits or certificates. The administrator or his designee may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable state or local law may also be revoked. Furthermore, the administrator may request the county building inspector to revoke applicable building permits issued under state building code requirements until any violation of this chapter has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions.
(Code 1989, § 92.998; Ord. of 6-12-2007; Ord. No. 21-05-11, 5-11-2021)