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(A) Complaints regarding violations.
(1) Whenever the Zoning Administrator receives a written, signed complaint alleging a violation of this chapter, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(2) Nothing in this section shall be construed to prohibit the Zoning Administrator from initiating an investigation and taking any enforcement action authorized by this chapter when the Zoning Administrator, regardless of whether or not a signed complaint has been received, has any reason to believe that any provision of this chapter is being violated.
(B) Persons liable. The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(C) Procedures upon discovery of violations.
(1) If the Administrator finds that any provision of this chapter is being violated, he or she shall send a written notice to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.
(2) The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment as provided in § 154.047.
(3) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.
(D) Permit revocation.
(1) A zoning, building, sign, special use or conditional use permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit issuing board.
(3) Before a zoning or sign permit may be revoked, the Administrator shall give the permit recipient 10 days notice of the intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.
(4) No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after the permit has been revoked in accordance with this section.
(E) Judicial review. Every decision of the Town Council granting or denying any rezoning, special use permit, or conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of Randolph County by proceedings in the nature of certioraris.
(1981 Code, § 1114) (Ord. passed 6-28-2004)
(A) In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare.
(B) It is not intended by this chapter to interfere with or abrogates or annuls any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a higher standard or greater restriction than is imposed or required by other ordinances, rules, regulations and statutes or by easements, covenants or agreements, the provisions of this ordinance shall govern.
(C) When the provisions of any other ordinances, rules, regulations or statutes impose higher standards than are required by the provisions of this chapter, the provisions of that ordinance, rule, regulation or statute shall govern.
(1981 Code, § 1116) (Ord. passed 6-28-2004)
(A) Violations of the provisions of the chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits, shall constitute a misdemeanor, punishable as provided in G.S. § 160A-175.
(B) Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of not more than $500. If the offender fails to pay this penalty within 10 days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of a debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation in accordance with § 154.278(C) above and did not take an appeal to the Board of Adjustment within the prescribed time.
(C) This section may also be enforced by any appropriate equitable action. Each day that any violation continues after notification by the Administrator that the violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(1981 Code, § 1114) (Ord. passed 6-28-2004)