(A) Enforcement authority. This chapter shall be enforceable in accordance with provisions available in G.S. §§ 153A-123 and 160D-404 and this chapter. The Zoning Administrator has the authority to enforce development regulations authorized by this chapter.
(B) Penalties. A violation of this chapter will subject the offender to a civil penalty that will be enforced through the issuance of citations by the Zoning Enforcement Officer. The county may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within 15 days. In addition, failure to pay the civil penalty within 15 days may subject the offender to court-ordered action.
(1) The following civil penalties are established for violations under this section:
(a) Warning citation: correct violation within 15 days;
(b) First citation: $50;
(c) Second citation for same offense: $100; and
(d) Third and sequential citations for same offense: $100.
(2) Each day such violation continues, however, shall be a separate and distinct offense, punishable as herein before provided.
(3) These civil penalties are in addition to any other penalties that may be imposed by a court of law from violation of the provisions of this chapter.
(C) Injunctions and orders of abatement.
(1) If a building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is occupied or used in violation of the General Statutes of North Carolina, this chapter or other regulation made under authority conferred thereby, Surry County may apply to the District Court, Civil Division, or any other court of competent jurisdiction, for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon, or cease the unlawful use of, the property.
(2) In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the case. An order of abatement may direct that buildings or other structures on the property be closed, and demolished, or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this subchapter. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt and the county may execute the order of abatement. The county shall have a lien on the property for the cost of executing an order of abatement.
(D) Equitable relief. Surry County may apply to the District Court, Civil Division or other court of competent jurisdiction for an appropriate equitable remedy. It shall not be a defense to the county’s application for equitable relief that there is an adequate remedy at law.
(E) Combination of remedies. The county may choose to enforce this subchapter by anyone, all or a combination of the above procedures.
(Ord. passed 4-17-2023)