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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)
(A) Generally. Any act or omission constituting a violation of this chapter shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action in the nature of a debt or as otherwise provided herein or by statute if the offender fails to pay the penalty within 48 hours after the receipt of a citation of a violation.
(B) Citation contents. Any citation issued pursuant to this section may contain such information as the deems appropriate, and shall at least:
(1) State upon its face the specific violation(s) being cited and the amount of the penalty for each specific violation if such penalty or penalties is/are paid within 48 hours after the issuance of the citation;
(2) Notify the offender that a failure to pay the penalty or penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty or penalties plus any additional penalties assessed pursuant to this section or otherwise, together with interest and the costs of the action to be taxed by the court;
(3) Provide that the offender may answer the citation by mailing the citation and the stated penalty or penalties to 601 W. Corbett Avenue, Swansboro, North Carolina 28584, or may pay the amount at the Town Hall, corner of W. Corbett Avenue and Church Streets, Swansboro, North Carolina; and
(4) State that the penalty or penalties must be cleared with the
, Town Hall within 48 hours of the issuance of the citation. The notice shall further state that court action may be taken if the violation citation is not cleared within 48 hours after the issuance of the citation. As used in this section, the word “cleared” shall mean either:
(a) Payment of the penalty or penalties in full;
(b) Arrangement for payment of the penalty or penalties in full and correction of the violation(s); or
(c) A prima facie showing to the
that the citation was received as a result of mistake, inadvertence, or excusable neglect.
(C) Settlement of civil claim. The is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the town may have to enforce such penalty by civil action in the nature of debt only if the act(s) or omission(s) which gave rise to the violation(s) is/are abated or otherwise made lawful.
(D) Additional civil penalty. If any penalty or penalties prescribed by this section is/are not cleared within 48 hours after issuance of a citation therefore, then beginning on the third day after issuance of such citation, an additional penalty of $50 per day violation shall be imposed until each respective cited violation is cleared and either abated, or otherwise made lawful. The imposition of additional civil penalties as provided herein shall be subject to the terms of division (E) of this section.
(E) Continuing violations. After the initial 48 hour period after issuance of a citation, each day’s continuing violation shall be a separate offense, but no civil penalty shall be levied against the same for the same continuing violation at the same location more than once unless the or his designee has delivered a written notice by personal service or by registered or certified mail, return receipt requested, to the responsible for such violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period within which corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time will result in the assessment of additional civil penalties and other enforcement action. If, after the allotted time period has expired and after the hearing of any , the corrective action has not been completed, the civil penalty shall be assessed in the amount of $100 per day of continuing violation.
(F) Continuing violations a misdemeanor. Violation of any provisions of this chapter or any of the codes incorporated therein by reference, and violation of any stop work order issued by the or his or her designee shall be a misdemeanor.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2016-O11, passed 9-13-2016)
(A) A zoning, sign,
,
permit, or land
permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing board.
(C) Before a zoning, land
, or sign permit may be revoked, the
shall give the permit recipient ten days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the
shall provide to the permittee a written statement of the decision and the reasons therefore.
(D) No
may continue to make use of land or in the manner authorized by any zoning, sign,
, or
permit after such permit has been revoked in accordance with this chapter.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2014-O9, passed 4-15-2014)
(A) Every decision of the
granting or denying a
or
permit and every final decision of the
shall be subject to review by the Superior Court of Onslow County by proceedings in the nature of certiorari.
(B) The petition for the writ of certiorari must be filed with the Onslow County Clerk of Court within 30 days after the later of the following occurrences:
(1) A written copy of the board’s decision has been filed in the
of the planning department; and
(2) A written copy of the board’s decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.
(C) A copy of the writ of certiorari shall be served upon the Town of Swansboro.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2014-O9, passed 4-15-2014)
VESTED RIGHTS, PERMIT CHOICE AND DEVELOPMENT AGREEMENTS
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