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The remedies and penalties provided herein are not exclusive; may be exercised singly, simultaneously, or cumulatively; may be combined with any other remedies authorized under the law; and may be exercised in any order.
(A) Withholding of certificate of occupancy. The Stormwater Manager or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(B) Disapproval of subsequent permits and development approvals. As long as a violation of this subchapter continues and remains uncorrected, the Stormwater Manager or other authorized agent may withhold, and the Board of Aldermen may disapprove, any request for permit or development approval or authorization provided for by this subchapter or the (zoning, subdivision, and/or building regulations, as appropriate) for the land on which the violation occurs.
(C) Injunction, abatements, etc. The Stormwater Manager, with the written authorization of the Town Manager, may initiate an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this subchapter. Any person violating this subchapter shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.
(D) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the Stormwater Manager, with the written authorization of the Town Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(E) Stop work order. The Stormwater Manager may issue a stop work order to the person(s) violating this subchapter. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.
(Ord. 1538, passed 5-24-07; Am. Ord. 1590, passed 1-29-09)