(A) Civil penalties. Unless otherwise specified in this chapter, any who is an or of and who violates this chapter, or permits a nuisance to exist on the under his/her control, or fails to take action to abate the existence of the violation(s) within the time specified in the notice described in § 152.92 above, when ordered or notified to do so by the , be subject to a civil penalty of $50. Each day's violation be treated as a separate offense.
(B) Civil action. In the event of a violation of this ordinance or any order entered for of a nuisance, the take appropriate action to enforce this chapter, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct, or abate such violations. The
recover all costs and expenditures expensed towards remedying the violation, including administrative time and attorneys' fees.
(C) Criminal violation. A violation of this ordinance is a Class 3 misdemeanor pursuant to G.S. § 14-4.
(D) If required to remove, abate or remediate a
, the
make every reasonable effort to recover costs incurred in removal,
or
in a civil action. The cost of enforcement action under this chapter
be assessed and charged against the
on which the
was located. The
extend the cost as assessed and charged against said
. Nothing herein precludes or limits the
from seeking recovery of costs through other methods allowed by Federal or
law.
(E) Subrogation rights. Nothing in this chapter is intended to limit the subrogation rights of any party and the . The maintain the right to recover costs, referenced in this section, from contributing to the damage.
(F) Revocation of development approvals. In addition to initiation of enforcement actions, town issued permits may be revoked by notifying the holder in writing stating the reason for the revocation. The shall follow the same permit review and approval process required for issuance of the permit, including any required notice or hearing, in the review and approval of any revocation of that permit. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable element of this chapter; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state law or local ordinance may also be revoked. The revocation of a permit by a staff member may be appealed pursuant to G.S. § 160D-405.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-03, passed 3-25-2021; Am. Ord. 2021-10, passed 5-13-2021)