(A) Violations. It is unlawful and a violation to establish, create, expand, alter, occupy, or maintain any use, land development activity or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this chapter or any order, approval or authorization issued pursuant to this chapter. Approvals and authorizations include, but are not limited to, special use permits, building permits, zoning permits, certificates of occupancy, variances, development plans, planting plans, site plans, sign plans and conditions of such permits, certificates, variances, and plans. It is also a violation to engage in any construction, land development activity or use without all approvals and authorizations required by this chapter.
(B) Each day. Each day of a violation is a separate and distinct violation.
(C) Violators. Violators include any person who owns, leases, occupies, manages, designs, or builds any structure or land development activity in violation of this chapter and any person who owns, leases, or occupies a use in violation of this chapter. A violation may be charged against more than one violator.
(D) Complaints. When a violation of this chapter occurs, or is alleged to have occurred, any person may file a written or verbal complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Administrator, or his or her authorized agent. An investigation shall be made within ten days. Actions as provided in these regulations shall be taken. Pursuant to G.S. § 160D-403, staff are authorized to enter any premises within the county’s jurisdiction at all reasonable hours for the purposes of enforcement action, upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not opened to the public or that any appropriate inspection warrant has been secured.
(E) Notice. When a violation is discovered and is not remedied through informal means, written notice of the violation shall be given. Pursuant to G.S. § 160D-404, 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. The notice of violation may be posted on the property. The Zoning Administrator or his or her designated Code Enforcement Officer providing the notice of violation shall certify to the county that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(1) The notice shall include the following:
(a) A description of the violation and its location;
(b) The measures necessary to correct it;
(c) The possibility of civil penalties and judicial enforcement action;
(d) Notice of right to appeal; and
(e) The time period allowed, if any, to correct the violation, which time period may vary depending on the nature of the violation and knowledge of the violator.
(2) This notice is an administrative determination subject to appeal as provided below.
(F) Appeal to the Board of Adjustment. A violator who has received a notice of violation may appeal the determination that a violation has occurred to the Board of Adjustment by making a written request and paying the appropriate fee within 30 days of receipt of the notice of violation in accordance with § 154.005-05(C). Citations that follow the original notice of violation may not be appealed to the Board. The Board shall hear the appeal and may affirm, or reverse, wholly or partly, or may modify the determination of the violation. If there is no appeal, the determination of the Zoning Administrator is final.
(G) Failure to comply with notice or decision. If the violator does not comply with a notice of violation, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to civil enforcement action as prescribed by G.S. § 153A-123(b) and this chapter.
(Ord. passed 4-17-2023)