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(A) If a
is constructed in phases or stages in accordance with this section, then, subject to division (C) of this section, the provisions of § 152.106 (No Occupancy, Use, or Sale of
Until Requirements Fulfilled) and § 152.112 (exceptions to § 152.106) shall apply to each phase as if it were the entire
.
(B) As a prerequisite to taking advantage of the provisions of division (A), the
shall submit plans that clearly show the various phases or stages of the proposed
and the requirements of this Article that will be satisfied with respect to each phase or stage.
(C) If a
that is to be built in phases or stages includes
that are designed to relate to, benefit, or be used by the entire
(such as a
or tennis courts in a
) then, as part of application for
, the
shall submit a proposed schedule for completion of such
. The schedule shall relate completion of such
to completion of one or more phases or stages of the entire
. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no may be occupied, and no
may be sold except in accordance with the schedule approved as part of the permit, provided that:
(1) If the
is one required by this subchapter then the
may utilize the provisions of § 152.111; and
(2) If the
is an amenity not required by this subchapter or is provided in response to a condition imposed by the Board, then the
may utilize the provisions of § 152.112.
(Ord. 2005-O3, passed 3-15-2005)
ENFORCEMENT AND REVIEW
Whenever the
receives a written, signed complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(Ord. 2005-O3, passed 3-15-2005)
The
, tenant, or occupant of any or land or part thereof and any architect, builder, contractor, agent, or other
who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(Ord. 2005-O3, passed 3-15-2005)
(A) When staff determines work or activity has been undertaken in violation of an adopted
or other local
, a written notice of violation will be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, 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 also be posted on the property.
(B) The written notice of violation shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the administrator’s decision or order may be appealed to the Board of Adjustment pursuant to G.S. § 160D-405.
(C) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in § 152.133.
(D) Whenever any work or activity is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff 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
and to the owner of the property involved by personal delivery, electronic delivery, or first-class mail. A stop work order may be appealed pursuant to G.S. § 160D-405. 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.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2021-O3, passed 5-24-2021)
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