(A) The Planning and Inspections Department is hereby authorized to enforce the provisions of this Ordinance. Appeal from any such enforcement decision of the Department shall be made to the Zoning Board of Adjustment;
(B) It is the intention of this Ordinance that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Department or staff person responsible for enforcement of the relevant provisions of this Ordinance and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Department or staff person. From the decision of the Zoning Board of Adjustment, recourse shall be had to the courts as provided by law. It is further the intention of this Ordinance that the duties of the Village Council regarding this Ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof; rather, the procedure for determining such questions shall be as set forth in this Chapter. The duties of the Village Council regarding this Chapter shall be only to consider and pass upon proposed amendments to or repeal of this Ordinance or parts thereof.
(Ord. 14-35, passed 09-24-2014)
(A) Liabilities for Violations: Any person who erects, constructs, reconstructs, demolishes, alters, repairs, converts, or maintains any building or structure in violation of this Ordinance, and any person who uses any building, structure, or land in violation of the Ordinance, shall be subject to civil and criminal penalties in accordance with this Section.
(1) Civil Penalties: Violation of this Ordinance through the acts listed in Subsection (A) above shall subject the offender to a civil penalty in the amount of five hundred dollars ($500) per day for each day the violation continues, to be recovered by the Village in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for violation;
(2) Criminal Penalties: In addition to, or in lieu of, such civil penalties or other remedies listed above, violation of this Ordinance shall constitute a misdemeanor, pursuant to North Carolina NCGS §160A-175 and North Carolina NCGS §14-4, as amended, punishable for each day the violation continues by a fine of up to five hundred ($500) dollars and/or incarceration for up to thirty (30) days.
(B) Each Day A Separate Violation: Each day that a violation continues shall constitute a separate and distinct violation or offense;
(C) Stop Work Orders For Any Plan Violations: In addition to the civil and criminal penalties listed above, the Planning and Inspections Department has the authority to issue a stop work order for any construction, reconstruction, demolition, grading, alteration, or repair to a building, structure, plant or landscaping in violation of this Ordinance.
(Ord. 14-35, passed 09-24-2014)
(A) Notice Required Before Penalty: No penalty shall be assessed pursuant to Section 7.2
above unless and until the person or property owner alleged to be in violation has been notified of the violation in accordance with this Section;
(B) Notice of Violation and Opportunity to Cure: Whenever the Planning and Inspections Department or Village Planner has reasonable cause to believe that a person is violating or a property is in violation of any of the provisions of this Ordinance or any plan, order, or condition which has been approved, issued, or imposed pursuant to this Ordinance, the Department shall promptly notify that person or property owner of the violation. If the property appears to be occupied by someone other than the owner notice shall also be sent to the physical address of the property and addressed to "current resident", however the property owner is still the responsible entity for compliance and legal action. Such notice of violation shall be in writing and shall be served by certified or registered mail, return receipt requested or by posting notice on the property in a conspicuous place on the property. The notice of violation shall describe the violation, shall identify the provision or provisions of this Ordinance which are being violated, shall specify what actions must be taken to correct the violation (including an order to stop any and all work which violates this Ordinance), shall direct the person to correct the violation within a specified reasonable time period (beginning on the date such notice is received), and shall warn that more severe measures (such as a civil penalty or criminal prosecution) may be assessed or brought against the person if he or she fails to take appropriate action to cure or correct the violation. If the violator cannot be ascertained, then the notice of violation shall be sent to the record owner of the land on which the violation occurs. If the violation is cured or corrected within the time period specified in the notice of violation, then the Village shall take no further action against the person;
(C) Extension of Time to Cure: Upon receipt of a written or verbal request from the alleged violator or the property owner for an extension of time to cure or correct the violation, the Village Planner or Planning and Zoning Department may grant a single extension of time, not to exceed a period of thirty (30) days, in which the alleged violator may cure or correct the violation before the Village issues a citation pursuant to Subsection (D) below. Such extension of time shall not be granted unless the alleged violator or the property owner can demonstrate to the Department that the violation cannot be cured or corrected within the time period specified in the notice of violation because the labor or materials needed to take appropriate action are unavailable due to circumstances beyond the control of the alleged violator or the property owner;
(D) Citation for Violation: Any person who, after being given a notice of violation pursuant to Subsection (B) above, does not comply with this Ordinance within the time period set forth in the notice of violation, and who continues such violation, shall be subject to the civil and/or criminal penalties set forth in Section 7.2
above. The Village shall serve a written citation on the alleged violator by certified or registered mail, return receipt requested or by posting notice on the property in a conspicuous place on the property. If the violator cannot be ascertained, then the notice of violation shall be sent to the record owner of the land on which the violation occurs. The citation shall again describe the nature of the violation and any actions that the alleged violator must take to cure or correct the violation, and shall specify the amount of any civil penalty that shall be levied against the alleged violator. The civil penalty shall be paid, or the violation shall be cured or corrected, within seventy-two (72) hours of receipt of the citation by the alleged violator, or such other time period, not to exceed thirty (30) days, as the citation may specify;
(E) Action for Recovery of Penalty and for Corrective Action: If payment is not made, or the violation is not cured or corrected, within that time, then the matter shall be referred to the Village Attorney for institution of a civil action in the name of the Village, in a court of competent jurisdiction, for recovery of the penalty, for an order of abatement, and for initiation of a criminal prosecution. Any sums recovered in such actions shall be used to carry out the purposes and requirements of this Ordinance. When a violation occurs and an order of abatement is obtained, if the violator fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the Village may execute the order of abatement. The Village shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and material man's lien as provided for by N.C. NCGS §160A-175;
(F) Summary Removal of Dangerous Signs: In the case of a sign or sign structure which the Planning and Inspections Department or the Village Planner reasonably deems to be in danger of falling or otherwise creating an immediate safety hazard, the Department or Planner is hereby authorized to promptly cause the removal of such sign or sign structure at the expense of the property owner.
(Ord. 14-35, passed 09-24-2014)
(A) This Ordinance also may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In any event where a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of the Ordinance, the Village Engineer, the Planning and Inspections Department, the Village Planner or any other appropriate agency of the Village in addition to other remedies, may institute an injunction action, court order, or other appropriate proceeding to prevent the completion or occupation of such building, structure, or land and/or to stop and correct any development, situation, or other activity that violates this Ordinance.
(B) Upon determining that an alleged violation is occurring or is threatened, the court may enter such orders and/or judgments as are necessary to abate or prevent the violation;
(C) The institution of an action for injunctive or other relief under this Section shall not relieve any party to such proceeding from any civil or criminal penalty prescribed by this Chapter for violations of this Ordinance.
(Ord. 14-35, passed 09-24-2014)
(A) A stop work order may be issued by any appropriate authority for violations of approved plans and the owner of the property may be subject to any other penalties described in this Chapter, until compliance is met. Violations include, but are not limited to:
(1) Failure to install or maintain protection measures;
(2) Disturbance of existing grade beyond the proposed limits of grading as indicated on the approved landscaping and appearance plans so as to disturb the root zone of any significant vegetation indicated for preservation;
(3) Initiating or continuing a land disturbing activity for which an erosion control plan is required either in violation of the erosion control plan or by failure to obtain a valid erosion control plan;
(4) Exposure of plants to severe hydrologic changes, damaging fumes or chemicals, or excessive temperatures, such as from fire;
(5) Cutting or wounding of plants;
(6) Damaging and/or destroying significant vegetation, buffers or tree save areas;
(7) Any development not in accordance with the approved site plan.
(B) Conditional or Temporary Violations of Certificates of Occupancy: If a conditional or temporary Certificate of Occupancy expires, or if the required work is not completed within the allowed time, then the conditional or temporary permit is void and any continued operation shall be in violation of this Ordinance;
(C) Violations after Development: If a final Certificate of Occupancy is issued and the required work is later found to be out of compliance by the Village, then the owner will be subject to all of the penalties of this Ordinance.
(Ord. 14-35, passed 09-24-2014)