Section 155.1.12  Enforcement.
   155.1.12.1  Building Permit Required. No building or other structure shall be erected, moved, added to, demolished, or structurally altered without building and zoning permits therefor issued by the Planning and Inspections Department. No building permit shall be issued by the Department except in conformity with the provisions of this Ordinance and the NC State Building Code unless he or she receives a written order from the Board of Aldermen in the form of a variance as provided by this Ordinance.
   155.1.12.2  Application for Building Permit.
   (A)   All applications for building permits shall be accompanied by plans in duplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing (if any), and the location and dimensions of the proposed buildings or alteration. The application shall include other information as lawfully may be required by the UDO Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; floodplain development permit; and any other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.
   (B)   One copy of the plans shall be returned to the applicant by the UDO Administrator, after he shall have marked the copy either as approved or disapproved and attested to same by his signature on the copy. One copy of the plans, similarly marked, shall be retained by the UDO Administrator.
   155.1.12.3  Certificate of Zoning Compliance.
   (A)   No land shall be used or occupied and no building hereafter structurally altered, erected, or moved, shall be used, or its use changed until a certificate of zoning compliance shall have been issued by the UDO Administrator stating that the building or the proposed use thereof complies with the provisions of this Ordinance. For purposes of this section, 155.1.12.3, a "use change" shall include a change in ownership of the land or business operated upon the land. All applications for a Certificate of Zoning Compliance shall be in accordance with Section 155.1.124 of the Town Code  of Ordinances.
   (B)   A certificate of zoning compliance, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued together with the building permit.
   (C)   A record of all preliminary and final certificates shall be kept on file in the office of the UDO Administrator.
   (D)   No preliminary certificate of zoning compliance shall be issued until the applicant has filed a written statement with the UDO Administrator describing the intended use of the property.
   155.1.12.4  Application for Certificate of Zoning Compliance.
   (A)   Each application for a preliminary certificate of zoning compliance shall be accompanied by a plan in duplicate, drawn to scale, one copy of which shall be returned to the owner upon approval. The plan shall show the following:
      (1)   The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted.
      (2)   The location of the lot with respect to adjacent rights-of-way.
      (3)   The shape, dimensions, and location of all buildings, existing and proposed, on the lot.
      (4)   The nature of the proposed use of the building or land, including the extent and location of the use on the lot.
      (5)   The location and dimensions of off-street parking and the means of ingress and egress to the space.
      (6)   Any other information which the UDO Administrator may deem necessary for consideration in enforcing the provisions of this Ordinance.
   (B)   Upon completion of all final inspections of work for which a building permit was issued and prior to the issuance of a certificate of compliance as required by NCGS 160A-423, the UDO Administrator shall issue a final certificate of zoning compliance indicating that the completed repairs or construction comply with the provisions of this Ordinance. All new structures, substantially improved structures (as defined in Exhibit A), all structures that have been elevated and all structures which have been added to shall be required to provide verification of building height and setbacks before a final certificate of zoning compliance is issued. Such verification shall be in the form of a survey or other documentation acceptable to the UDO Administrator and prepared by a registered land surveyor. The height and elevation of the structure may be provided on the “Elevation Certificate” under “Comments”.
   155.1.12.5  Certificate of Occupancy Required. A certificate of occupancy issued by the UDO Administrator is required in advance of
   •   Occupancy or use of a building hereafter erected, altered, or moved.
   •   Change of use of any building or land.
   A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with or subsequent to the application for a certificate of zoning compliance and shall be issued within ten (10) business days after the erection or structural alteration of such building or part shall have been completed in conformity with the provisions of this Ordinance. Additionally, a certificate of occupancy shall be applied for and must be granted before any person occupies a building for which a change in use is proposed. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance. If the certificate of occupancy is denied, the UDO Administrator shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the UDO Administrator for a period of five (5) years and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building or land involved.
   A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building or for other temporary uses.
   An as-built survey and elevation certificate for any project involving development, redevelopment, expansion, or renovation which results in an expansion of the existing structure footprint must be submitted to the UDO Administrator prior to the issuance of a certificate of occupancy. The as-built survey must be prepared by a registered land surveyor licensed in the State of North Carolina.
   155.1.12.6  Complaints Regarding Violations. Whenever the UDO Administrator receives a written, signed complaint alleging a violation of the Ordinance, he/she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions will be taken.
   155.1.12.7  Persons Liable. The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may jointly and/or independently be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
   155.1.12.8  Procedures Upon Discovery of Violations.
   (A)   If the UDO Administrator finds that any provision of this Ordinance is being violated, he/she may either (1) send a written notice to the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it or (2) immediately initiate enforcement action without sending any prior notice. If the UDO Administrator elects to send a written notice, he/she may send additional written notices before initiating enforcement action.
   (B)   If the UDO Administrator elects to send a written notice, such notice shall indicate the nature of the violation and describe the action required to correct it. The notice shall also indicate what action the UDO Administrator intends to take if the violation is not corrected and advise the person responsible for such violation that the UDO Administrator’s decision or order may be appealed to the Board of Adjustment in accordance with subsection 155.4.4.1.
   (C)   Any enforcement action undertaken by the UDO Administrator shall be in accordance with the provisions of subsection 155.1.12.9.
   155.1.12.9  Penalties and Remedies for Violations.
   (A)   A violation of any provision of this ordinance is a misdemeanor or infraction as provided by NCGS 14-4 and punishable upon conviction by a fine not exceeding $500.
   (B)   Except as otherwise provided herein and except as provided in Section 155.9.23, Tree Preservation, a violation of any provision of this ordinance shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action an the nature of debt if the offender does not pay the penalty within 10 days after being cited for a violation of the ordinance.
   (B1)   A violation of any provision of this chapter prohibiting the use of private property as a public parking lot shall subject the offender to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 10 days after being cited for a violation of the ordinance.
   (C)   The provisions of this Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
   (D)   Each day’s continuing violation of any provisions of this ordinance shall be a separate and distinct offense.
   (E)   The provisions of this ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by NCGS 160A-175 and this section.
   155.1.12.10  Permit Revocation.
   (A)   Any permit issued under this Ordinance may be revoked by the permit-issuing authority (in accordance with the provisions of this subsection) if the permit recipient fails to (1) develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed by the permit-issuing board, or (2) the permit was issued based on erroneous information.
   (B)   Before a conditional use permit may be revoked, all of the notice and hearing and other requirements of Article 155.4 shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
   (C)   Before permits other than conditional use may be revoked, the UDO Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the UDO Administrator shall provide to the permittee a written statement of the decision and the reasons therefor. Appeals may be made to the Board of Adjustment as provided for in subsection 155.4.4.1.
   (D)   No person may continue to make use of land or building in the manner authorized by any permit issued under this Ordinance after such permit has been revoked in accordance with this Ordinance.
   155.1.12.11  Judicial Review.
   (A)   Every decision of the Board of Aldermen granting or denying a conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the Superior Court of New Hanover County by proceedings in the nature of certiorari.
   (B)   The petition for the writ of certiorari must be filed with the New Hanover 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 office 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 Wrightsville Beach.
(Ord. 1695, passed 11-8-12; Am. Ord. 1747, passed 10-13-15 ; Am. Ord. 1813, passed 10-8-20 )