(A) Violations. Any of the following are violations of this section and are subject to the remedies and penalties provided by this chapter and by state law:
(1) Development without permit. To engage in any development, use, construction, remodeling, or other activity without first obtaining all permits, certificates, or other forms of authorization required by this section.
(2) Development inconsistent with permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.
(3) Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the Village Council or its agents or Boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.
(4) Use in violation. To erect, construct reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this section or any other regulation made under the authority conferred by this section.
(5) Violations of conditions of approval. To violate any conditions attached to a conditional district.
(6) Continue a violation. To continue any of the above violations is a separate and distinct offense for each day's continuing violation.
(B) Inspections and investigations.
(1) Inspections. The Zoning Enforcement Officer or his designee is authorized upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the village at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action. No person may obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties.
(2) Investigations. The Zoning Enforcement Officer or his designee is authorized to conduct investigations deemed necessary to carry out the duties prescribed in this section and, for this purpose, to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this section.
(3) Supporting documentation. The Zoning Enforcement Officer or his designee is authorized to require written statements, certificates, certifications, or the filing of reports with respect to pertinent questions relating to complaints or alleged violations of this section.
(4) Failure to comply. Failure of the Zoning Enforcement Officer or his designee to observe or recognize conditions that violate this chapter, does not relieve the property owner from responsibility for resulting conditions or damages and does not result in the village, its officers, or agents being responsible for resulting conditions or damages.
(C) Enforcement procedure.
(1) When the Zoning Enforcement Officer or his designee investigates an alleged violation and determines that a violation of this chapter has occurred, the Zoning Enforcement Officer must notify the owner and/or occupant of the land, building, structure, sign, or use of the violation in writing. Where applicable, the owner and occupant must remedy the violation at the earliest reasonable date.
(2) Notice of violation. If the owner or occupant of the land, building structure, sign, or use in violation fails to take prompt corrective action, the Zoning Enforcement Officer or his designee must issue a notice of violation using the procedures in § 94.80:
(a) That the land, building, structure, sign, or use is in violation of this chapter;
(b) The nature of the violation, and citation of the section or this chapter violated;
(c) The measures necessary to remedy the violation and the time period in which the violation must be corrected, if applicable;
(d) That penalties or remedies may be assessed; and
(e) That the party cited has the right to appeal the notice within 30 days.
(3) Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the Zoning Enforcement Officer or his designee to the Board of Adjustment within 30 days from the receipt of the Notice of Violation in accordance with §94.87. Notice given by first class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service. The Board of Adjustment must hear an appeal using the evidentiary hearing procedures in § 94.58(C) within a reasonable time, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the decision of the Zoning Enforcement Officer or his designee shall be final.
(4) Notice of appeal decision. The decision of the Board of Adjustment on a filed appeal may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested. Otherwise, notice is presumed to be given at the day and time of the hearing, if such party is present.
(5) Failure to comply with notice. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or after a final decision by the Board of Adjustment following an appeal, the owner or occupant is subject to such remedies and penalties as may be provided for by this chapter or by state law.
(D) Remedies.
(1) Cumulative. All available remedies for violations of this chapter are cumulative. To the extent that North Carolina law may limit the availability of a particular remedy authorized by this chapter for a certain violation, such remedy remains available for other violations or other parts of the same violation.
(2) Repeat violations. If an owner or occupant repeats the same violation within a five-year period from the date of the initial violation, that repeat violation will be considered to be a continuation of the initial violation and is subject to additional penalties and remedies.
(3) Available remedies. Any or all of the following may be used to enforce the provisions of this chapter.
(a) Injunction. Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant to this chapter may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. The institution of an action for injunctive relief under this section does not relieve any party to such proceedings from any civil penalty prescribed for violations of this chapter.
(b) Civil penalties. Any person who violates any provision of this chapter may be subject to the assessment of a civil penalty in accordance with §94.99(E).
(c) Stop work orders. Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this chapter, the Zoning Enforcement Officer may order the work to be immediately stopped. 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 must be in accordance with North Carolina General Statues.
(d) Revocation of permits or certificates. The Zoning Enforcement Officer or his designee may revoke and require the return of a permit by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates may be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable state or local law may also be revoked.
(e) No criminal penalties. Any violation of this chapter will have no criminal penalty and the provisions of G.S. 14-4 do not apply.
(f) State and common law remedies. In addition to other enforcement provisions contained in this section, the Village Council may exercise any and all enforcement powers granted to it by state law or common law.
(g) Previous enforcement. Nothing in this chapter prohibits continuation of previous enforcement actions.
(E) Assessment of civil penalties.
(1) Responsible parties. Any person who violates any provision of this chapter, including the owner and/or occupant of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this chapter may be held responsible for the violation of subject to the penalties and remedies provided in this chapter.
(2) Notice. Civil penalties may not be assessed until the person alleged to be in violation has been notified in accordance with §94.99(C)(2). If after receiving a notice of violation under § 94.99(C)(2), the owner or other violator fails to take corrective action or file an appeal, or in the event of an appeal, after a final decision of the Board of Adjustment, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the same manner as a notice of violation. The citation shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 15 days of the date of the citation.
(3) Continuing violation. Each day's continuing violation shall be a separate and distinct offense and for each date the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.
(4) Penalties.
(a) The assessment of civil penalties in accordance with this chapter is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct.
(b) Any person who violates any provision of this chapter will be subject to assessment of a civil penalty in the nature of a debt in the amount of $100 for each day’s continuing violation beginning 30 days from receipt of the notice of violation as provided in § 94.99(C)(2) or, in the event of an appeal, beginning 30 days after a final decision by the Board of Adjustment.
(c) The violation of this chapter shall subject the offender to a civil penalty to be recovered by the village in a civil action in the nature of a debt if the offender does not pay the penalty within 30 days after the receipt of a citation issued to the offender for a violation of this chapter. A citation mailed to the offender by first class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(Ord., passed 2-22-79; Am. Ord., passed 6-24-20; Am. Ord., passed 6-23-21; Am. Ord., passed 12-8-21; Am. Ord., passed 6-20-23)