(A)
After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the office of the County Register of Deeds, shall be guilty of a Class 1 misdemeanor. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision regulation. Building permits may be denied for illegal subdivisions. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land; to restrain, correct, or abate the violation; or to prevent any illegal act or conduct.
(B) Notices of violation. When the Subdivision Administrator determines work or activity has been undertaken in violation of this chapter or any approval issued hereunder, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the approval and to the landowner of the property involved, if the landowner is not the holder of the 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. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. A notice of violation may be appealed to the Town Board, and the Town Board shall follow quasi-judicial processes as set forth in § 152.074.
(C) Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, the Subdivision Administrator may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the subdivision approval and to the owner of the property involved (if that person is not the holder of the subdivision approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the town that the order was delivered, and that certificate shall be deemed conclusive in the absence of fraud. A stop work order may be appealed to the Town Board, and the Town Board shall follow quasi-judicial processes as set forth in § 152.074. 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) Remedies.
(1) This chapter may be enforced by any remedy provided by G.S. § 160A-175. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used or developed in violation of this chapter, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, use, or development; to restrain, correct or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises.
(2) In addition to the foregoing, any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the town, thereafter subdivides the land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this chapter and recorded in the office of the Onslow County Register of Deeds, is guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty.
(E) Revocation of subdivision approvals. Subdivision approvals given under this chapter may be revoked by the town by notifying the holder in writing stating the reason for the revocation. The town shall follow the same subdivision review and approval process required for issuance of the subdivision approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Subdivision 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 local development regulation or any state law delegated to the town for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any subdivision approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a subdivision approval by the Subdivision Administrator may be appealed pursuant to § 152.075.
(F) Inspections. The Subdivision Administrator and his or her staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable State and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the town at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.
(G) The violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town. Violators shall be issued a written citation which must be paid within ten days.
(H) Each day's continuing violation of this chapter shall be a separate and distinct offense.
(I) Notwithstanding division (G) above, this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(J) Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this chapter by using any one, all or a combination of remedies.
(Ord. passed 11-21-2000; Ord. 2021-03, passed 6-8-2021)