(A) General enforcement procedures.
(1) Investigation and inspections. Upon the receipt of complaints or other information suggesting a violation of this chapter, the Zoning Enforcement Officer shall investigate the allegations and determine whether a violation exists. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.
(2) Notice of violation. When the Zoning Enforcement Officer determines work or activity has been undertaken in violation of a development regulation adopted pursuant to this chapter or other local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, 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 be posted on the property. 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. Except as provided by G.S. § 160D-1123 or G.S. § 160D-1207(e) or otherwise provided by law, a notice of violation may be appealed to the Zoning Board of Adjustment pursuant to G.S. § 160D-405.
(3) Appeal to Zoning Board of Adjustment. An appeal from a notice of violation shall be taken within 30 days to the Zoning Board of Adjustment. If a person who receives a warning citation does not appeal the determination within the time established in G.S. § 160D-405(d), then that person may not later appeal to the Zoning Board of Adjustment the subsequent imposition of any remedy or penalty.
(4) Extension of time to correct violation. Where the Zoning Enforcement Officer determines that the period of time stated in the original notice of violation is not sufficient for abatement based upon the work required or consent agreement, the enforcement official may amend the notice to provide for additional time. The Zoning Enforcement Officer may grant an extension only by written notice of extension.
(5) Enforcement upon failure to correct violation. Upon failure of the violator to obey the notice of violation, a civil citation shall be issued by the enforcement official of the Town of Wilkesboro and either served directly on the violator, duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of Wilkes County or obtained from the violator. The violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to appear before the Zoning Enforcement Officer, or designee, within 30 days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid; otherwise, further citations shall be issued.
(6) Emergency enforcement without notice. If delay in correcting a violation would seriously threaten the effective enforcement of this chapter or pose an immediate danger to the public health, safety, or welfare, then the Zoning Enforcement Officer may order the immediate cessation of a violation. The Zoning Enforcement Officer may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this chapter.
(7) Stop work orders. Whenever any work or activity subject to regulation pursuant to this chapter 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 therefore, 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 development approval and to the owner of the property involved by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud. Except as provided by G.S. § 160D-1114 and G.S. § 160D-1208, 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.
(B) Offenses and remedies.
(1) First offense. Any violation occurring once within a 36-month period shall be considered a first offense. A notice of violation shall be issued by the Administrator or his/her designee to the violator. Such notice shall set out the nature of the violation, the section violated, and the date of the violation. The notice of violation shall provide for a reasonable period of time by which the violation must be abated or otherwise brought into compliance with this chapter. The notice shall specify that a second citation shall incur a civil penalty, together with costs and attorney fees. An appeal of the Administrator's decision shall be allowed. Upon the expiration of the deadline stated in the notice of violation, the violator shall be subject to a civil penalty of $50 for each day that the violation remains on the property without further notice. Should a violation continue to exist and/or the violator fails to pay the penalties, the town shall seek to recover the penalty together with all costs by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. The collection of a penalty pursuant hereto shall not foreclose further proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this section may also be enforced through any other appropriate remedies as prescribed in G.S. Ch. 160D.
(2) Repeat offense. Any violation reoccurring on the same property by the same violator more than once within a 36-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same section of this chapter. A notice of violation shall be issued by the Administrator or his/her designee and shall have an immediate civil penalty of $300. No warning period shall be granted since this provision applies only to violations that occur more than once in a 36-month period and proper notice was given for the initial violation. For each day the repeat violation remains, the violator shall be subject to a civil penalty of $300. Should a violation continue to exist and/or the violator fails to pay the penalties, the town shall seek to recover the penalty together with all costs by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt. Procedures for issuance, service, and collection of non-paid penalties shall be as set forth in this section. The collection of a penalty pursuant hereto shall not foreclose further proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this section may also be enforced through any other appropriate remedies as prescribed in G.S. Ch. 160D.
(3) Other powers. In addition to the enforcement powers specified in this section, the Town Council may exercise any and all enforcement powers granted by state law.
(4) Remedies cumulative. The remedies and enforcement powers established in this chapter shall be cumulative, and the town may exercise them in any order.
(C) Remedies and penalties. The town may use any combination of actions and penalties to prevent, correct, stop, abate, or penalize a violation of this chapter:
(1) Injunction and abatement order. In addition to the penalties set out above, this chapter may be enforced by injunction and order of abatement by the General Court of Justice. When violations occur, the town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the violation. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
(2) Revocation of development approvals. In addition to initiation of enforcement actions under G.S. § 160D-404, development approvals may be revoked by the local government issuing the development approval by notifying the holder in writing stating the reason for the revocation. The local government shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. § 160D-405. If an appeal is filed regarding a development regulation adopted by a local government pursuant to this chapter, the provisions of G.S. § 160D-405(f) regarding stays apply.
(3) Disapproval of subsequent permits and development approvals. As long as a violation of this chapter continues and remains uncorrected, the Zoning Enforcement Officer may withhold, and the Zoning Enforcement Officer and other town boards may disapprove, any request for permit or development approval or authorization provided for by this chapter for the land on which the violation occurs.
(Res. 2022-23, passed 8-1-2022)