(A) 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 as set forth in the fee schedule and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be deemed a separate offense, provided that the violation of this chapter is not corrected within ten days after notice of the violation is given.
(B) After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the planning jurisdiction of the city, thereafter subdivides his or her land in violation of this chapter or transfer or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the County Deeds Office, shall be in violation of this chapter. Any person, firm or corporation convicted of violating any of the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount as set forth in the fee schedule and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be deemed a separate offense, provided that the violation of this chapter is not corrected within ten days after notice of the violation is given.
(C) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt this transaction from the violation. The city through its attorney or other official designated by the City Council may enjoin an illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.
(D) In addition to the other remedies cited in this chapter for the enforcement of its provisions, and pursuant to G.S. §§ 160D-807 and 160D-404, the regulations and standards in this chapter may be enforced through the issuance of civil penalties by the Administrator. Additionally, and pursuant to the authority granted by G.S. § 160A-404, the city declares that the violation of the aforementioned civil penalty provisions shall not be a misdemeanor or infraction as provided in G.S. § 14-4.
(E) Subsequent citations for the same violation may be issued by the Administrator if the offender does not correct the violation within three days (except as otherwise provided in a warning situation) after it has been issued unless the offender has sought an appeal to the actions of the Administrator through the Board of Adjustment.
(F) The following penalties are hereby established.
Warning citation | Correct violation within ten days |
First citation | as set forth in the fee schedule |
Second citation for same offense | as set forth in the fee schedule |
Third and subsequent citations for same offense | as set forth in the fee schedule |
(G) If the offender fails to pay penalties that have been cited within five days after the offender has been cited, the city may recover the penalties in a civil action in the nature of debt.
(H) Pursuant to G.S. § 160D-404 (c), if a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or other regulation made under authority conferred thereby, the city in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, 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.
(I) Pursuant to G.S. § 160D-807, the city may seek a mandatory or prohibitory injunction and an order of abatement commanding the offender to correct the unlawful condition upon or cease the unlawful use of the subject premises. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
(J) The above remedies are cumulative, and the city may pursue any or all of the same at its discretion. Each day that the violation exists shall constitute a separate and distinct offense.
(Prior UDO, § 14.8) (Ord. O-04-21, passed - - )