Whenever there is a violation of this article, the Zoning Administrator and/or Zoning Enforcement Officer may take any or all of the following actions to stop the violation.
(A) When staff determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other town development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued.
(1) The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity.
(2) The notice of violation may be posted on the property.
(3) The person providing the notice of violation shall certify to the Planning Board and Board of Commissioners that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(B) Permit revocation. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the Zoning Administrator by notifying the holder in writing stating the reason for the revocation.
(1) The Zoning Administrator and/or town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing by the Board of Adjustment or Board of Commissioners, in the review and approval of any revocation of that approval.
(2) 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 the Town Code of Ordinances, including the zoning and subdivision ordinances or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state law or town ordinance may also be revoked.
(3) The revocation of a development approval by the Zoning Administrator may be appealed pursuant to G.S. § 160D-405.
(C) Stop work orders. Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered or repaired in substantial violation of any applicable provision of this article, the Zoning Administrator and/or Zoning Enforcement Officer may order the specific part of the work that is in violation or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.
(1) A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail.
(2) The person or persons delivering the stop work order shall certify to the local government that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud.
(3) No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.
(D) Civil penalties.
(1) In addition to the other remedies cited in this article for the enforcement of its provisions and pursuant to G.S. § 160A-175, the regulations and standards of this article may be enforced through the issuance of civil penalties by the Zoning Administrator and/or Zoning Enforcement Officer.
(2) Subsequent citations for the same violation may be issued by the Zoning Administrator and/or Zoning Enforcement Officer if the offender does not pay the citation (except as otherwise provided in a warning situation) after it has been issued unless the offender has sought an appeal to the decision of the Zoning Administrator through the Board of Adjustment. Once the ten-day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the Zoning Administrator.
(3) The following penalties are hereby established:
(a) Warning citation: correct violation within ten days;
(b) First citation: $50;
(c) Second citation for same offense: $100; and
(d) Third and subsequent citations for same offense: $500.
(4) If the offender fails to pay the civil penalties within three days after having been cited, the town may recover the penalties in a civil action in the nature of debt.
(E) Criminal penalties. Any person, firm or corporation convicted of violating the provisions of this article shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount not to exceed $500 and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be considered a separate offense; provided that, the violation of this article is not corrected within 30 days after notice of the violation is given.
(F) Equitable remedy. The Zoning Administrator and/or Zoning Enforcement Officer may apply to a court of competent jurisdiction for any appropriate equitable remedy to enforce the provisions of this article. It is not a defense to the Zoning Administrator’s application for equitable relief that there are other remedies provided under general law or this article.
(G) Injunction. Enforcement of the provisions of this article may also be achieved by injunction. When a violation occurs, the Zoning Administrator and/or Zoning Enforcement Officer may, either before or after the institution of other authorized action, apply to the appropriate division of the General Court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.
(H) Order of abatement. In addition to an injunction, the Zoning Administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(1) Buildings or other structures on the property be closed, demolished or removed;
(2) Fixtures, furniture or other moveable property be moved or removed entirely;
(3) Improvements, alterations, modifications or repairs be made; or
(4) Any other action be taken that is necessary to bring the property into compliance with this article.
(2003 Code, § 8-3.9.10) (Updated 2009) (Amended 6-1-2021)