The construction or development of a in violation of this chapter, or failure to comply with any of the requirements of this chapter or with any application or plan submitted pursuant to this chapter subject the and/or the / to revocation of plan or plat approval and the penalties and enforcement provisions pursuant to G.S. § 160A-175, including, but not limited to, the :
(A) Equitable remedies. This chapter be enforced by equitable remedies, and any unlawful condition existing in violation of this chapter be enforced by injunction and order of abatement in accordance with G.S. § 160A-175.
(1) Injunction. Where necessary to effectuate compliance with this chapter, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances institute an action in a court of competent jurisdiction seeking an injunction against the further violation of this chapter. The action be joined with a civil action instituted to collect accrued civil penalties in accordance with the provisions herein.
(2) Order of abatement. Where necessary to abate a condition existing upon land in violation of this chapter or a use made of land in violation of this chapter, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances institute an action in a court of competent jurisdiction seeking an order of abatement of the use or condition of land in violation of this chapter. The action be joined to an action for an injunction and/or an action to recover civil penalties accrued against an individual for the use or condition of land in violation of this chapter.
(3) Other equitable remedies. This chapter be enforced by any other equitable remedy which a court of competent jurisdiction deems just and proper.
(B) Civil penalties. Any individual who is found in violation of this chapter be subject to a civil penalty as established by in the most recent version of the annual fee schedule. Each day's violation be treated as a separate offense.
(1) Notice of violation.
(a) Upon making a determination that a is in violation of this chapter, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances issue a notice of violation to the of the and/or / of the in violation of this chapter
in accordance with § 154.999
. The notice identify the circumstances giving rise to the violation, including the times, dates and places of the violation. The notice further identify the action which is necessary to comply with this chapter. The notice state that if the violator does not comply within a reasonable time, not to exceed 15 days, the individual will be subjected to a civil penalty. If circumstances exist such that the violator cannot come into compliance within 15 days, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances grant an extension of time
after which the individual will be subjected to a criminal penalty
commensurate with the magnitude of the violation. The
notice of violation further state that failure to comply with the terms of the
notice of violation
will subject the violator to a civil penalty and further state the amount of the civil penalty.
(b) Failure to comply with the terms of a
notice of violation
issued by the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances within the time stated in the order subject the violator to a civil penalty of $50
or other amount as established by Town Council.
Each day that the violation continues be considered a separate offense, and the violator be subject to an additional civil penalty for each separate offense.
(2) Civil action. When necessary to collect any civil penalty or accrued civil penalties, a civil action be instituted against an individual for the collection of all accrued penalties by the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances.
(C) Criminal penalties. Unless otherwise provided by this chapter or other applicable law, violation of this chapter constitute a Class 3 misdemeanor punishable by a fine not to exceed $500. Each day's violation be treated as a separate offense.
(1) Warning ticket. Upon the initial violation of a particular provision of this chapter, an individual be issued a warning ticket or notice of violation. The warning ticket identify the particular practice which is in violation of this chapter and state the time, date and place of the violation. The warning ticket further state that if the individual commits further similar violations within the six (6) the date of the warning ticket, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances issue a notice of violation or cause a warrant to be issued for the individual's arrest.
(2) Warrant. If an individual violates this chapter within the six (6) the issuance of a warning ticket or notice of violation in a manner that is similar to the violation specified in the warning ticket or notice of violation, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances cause a warrant to be issued for the arrest of the individual.
(3) Issue. Notwithstanding any other provisions of this chapter, the Ordinance Administrator or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances or notice of violation or cause a warrant to be issued without having first issued a warning ticket where he or she deems it necessary to effectively enforce the terms of this chapter.
(D) Revocation of development approvals. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by notifying the holder in writing stating the reason for the revocation. The shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals 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 approval. Any development approval mistakenly issued in violation of an applicable state law or local ordinance may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021)