(A) Equitable remedies. This chapter may be enforced by equitable remedies, and any unlawful condition existing in violation of this chapter may be restrained or abated by injunction and order of abatement in accordance with G.S. § 160A-175.
(1) Injunction. Where necessary to effectuate compliance with this chapter the
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may institute an action in a court of competent jurisdiction seeking an injunction against the further violation of this chapter. The action may 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
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may 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 may 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 may 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 may be subject to a civil penalty of $50 or other amount as established by Town Council. Each day's violation
be treated as a separate offense. The civil penalty may be recovered in a civil action in the nature of debt if the penalty is not paid within 15 days after the individual is notified by the
of a violation.
(1) Notice of violation.
(a) Upon making a determination that a person is in violation of this chapter, the
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance
issue a notice of violation to the person 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 notification
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
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may 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
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance 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 may be subject to an additional civil penalty for each such separate offense.
(2) Civil action. When necessary to collect any civil penalty or accrued civil penalties, a civil action may be instituted against an individual for the collection of all accrued penalties by the
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance.
(1) Warning ticket. Upon the initial violation of a particular provision of §§ 154.001 - 154.237, an individual may be issued a warning ticket or notice of violation. The warning ticket
identify the particular practice which is in violation of §§ 154.001 - 154.237 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 6
the date of the warning ticket, the
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may issue a notice of violation or cause a warrant to be issued for the individual's arrest.
(2) Warrant. If an individual violates §§ 154.001 - 154.237 within the 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
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may cause a warrant to be issued for the arrest of the individual.
(3) Notwithstanding any other provisions of §§ 154.001 - 154.237, the
or the other official charged with the responsibility of enforcing the Town of Mills River Zoning Ordinance may issue a 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 §§ 154.001 - 154.237.
(D) Revocation of approvals. In addition to initiation of enforcement actions, approvals may be revoked by notifying the holder in writing stating the reason for the revocation. The Town shall follow the same review and approval process required for issuance of the approval, including any required notice or hearing, in the review and approval of any revocation of that approval. 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 approval mistakenly issued in violation of an applicable state law or local ordinance may also be revoked. The revocation of a v approval by a staff member may be appealed pursuant to G.S. § 160D-405.
(Ord. passed 3-1-2004; Am. Ord. 00016, passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 00037, passed 8-24-2006; Am. Ord. 2021-06, passed 4-22-2021)