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The recipient of a correction order, or the owner of the property on which the violation has occurred, may submit to the UDO Administrator a written request for an extension of time not to exceed 60 days beyond that set forth in the order to correct the violation. On concluding that the request contains enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the UDO Administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.
(Ord. passed 2-3-2021)
Following the expiration of the time allowed for the correction of a violation, including any stay or extension thereof, the UDO Administrator shall determine whether the violation has been corrected. If the violation has been corrected, the UDO Administrator shall take no further action against the alleged violator. If the violation has not been corrected, the UDO Administrator may impose one or more of the remedies and penalties specified in the correction order.
(Ord. passed 2-3-2021)
If a delay in the correction of a violation would seriously threaten the enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the UDO Administrator may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 6.12 below.
(Ord. passed 2-3-2021)
The UDO Administrator may pursue one or more of the following remedies and penalties to prevent, correct, or abate a violation of this ordinance. Use of one of the authorized remedies or penalties does not preclude the UDO Administrator from using any other authorized remedies or penalties, nor does it relieve any party from the imposition of one remedy or penalty from the imposition of any other authorized remedies and penalties.
6.12.1 Stop work orders. Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the UDO Administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. Chapter 160A-321 or the North Carolina Building Code.
6.12.2 Permit revocation. In accordance with the provision of Article 6.2, the UDO Administrator may initiate the process to revoke any permit or authorization granted under this ordinance for failure to comply with the provisions of this ordinance or with the terms and conditions for a permit or authorization granted under this ordinance. Such revocation shall be in accordance with the process as was used in granting the initial approval, including any applicable notice and required hearing.
6.12.3 Permit denial. So long as a violation of this ordinance remains uncorrected, the UDO Administrator may deny or withhold approval of any permit or other authorization provided for in this ordinance that is sought for the property on which the violation has occurred.
6.12.4 Civil penalty.
A. A violation of this ordinance subjects the violator to a civil penalty in the amount of $500 per day in accordance with G.S. Chapter 14-4(a). The UDO Administrator may impose a civil penalty by giving the violator a written citation, either in person or by registered or certified mail, return receipt requested. The citation shall describe the nature of the violation, specify the amount of the civil penalty that is being imposed, and direct the violator to pay the civil penalty to the town within ten days from the day the citation is received. If the violator fails to pay the civil penalty within the time limit, the UDO Administrator may institute appropriate civil action in a court of competent jurisdiction to recover the civil penalty.
B. For the purpose of assessing the amount of the civil penalty, each day the violation continues after the receipt of the correction order (or the receipt of the actual citation in the case of emergency enforcement) shall constitute a separate violation that subjects the violator to an additional civil penalty. The UDO Administrator may impose monetary penalties of $500 for each day the violation continues.
6.12.5 Criminal penalties. Any violation of this ordinance may be enforced as a misdemeanor or infraction as provided by G.S. Chapters14-1 and 113A-64, subject to a maximum fine of $5,000.
6.12.6 Injunction and abatement order. The UDO Administrator may institute action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement commanding a violator to cease or correct a violation of this ordinance. Pursuant to G.S. §§ 160A-175 and 14-4, if the violator fails to comply with a court injunction or order of abatement and the town executes the order, the town will have a lien on the property on which the violation occurred for the town’s costs in executing the order.
6.12.7 Alternative equitable relief. In addition to the above remedies and penalties, the UDO Administrator may institute any other appropriate equitable action or proceeding in a court of competent jurisdiction to prevent, correct, or abate a violation of this ordinance.
(Ord. passed 2-3-2021)
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