(A) If the Administrator finds that any provision of this chapter is being violated, and is not remedied through informal means, a written notice of violation (NOV) must be given to the permittee and landowner if different and may deliver to occupant or person undertaking the activity. This notice must be delivered by hand delivery, email or first-class mail, and may be posted onsite at the property in violation. The person providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. (G.S. § 160D-404(a)) The notice shall include a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action and notice of right to appeal. The notice shall also state 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. Additional written notices may be sent at the Administrator’s discretion.
(B) The final written notice (and the initial written notice may be the final notice) 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 within ten days after service of the final notice of violations.
(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 § 155.999.
(2009 Code, § 155.270) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021) Penalty, see §
155.999