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8.4.5.   Subdivide in Violation
Subdividing land in violation of this Ordinance, or transferring land by reference to a plat or map showing a subdivision of land before the plat or map has been properly approved under this Ordinance and recorded in the office of the Wake County Register of Deeds; and
(Ord. 2020-36, passed 12-2-2019)
8.4.6.   Violation of Environmental Regulations
Failing to follow or violating the rules or regulations of Section 6.11, Stormwater, Section 3.8.2, Flood Hazard Overlay (FHO) District, or Section 6.9, Soil Erosion & Sedimentation.
(Ord. 2020-36, passed 12-2-2019)
8.5.   RESPONSIBLE PERSONS
8.5.1.   General
For the purposes of this article, "responsible persons" shall mean the landowner, tenant, or other occupant of any land or structure and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance may be held responsible for the violation and is subject to the remedies and penalties set forth in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.5.2.   Failure by Town Does Not Relieve Individual
Failure of a Town official charged with enforcement responsibility to observe or recognize conditions which violate the intent and purpose of this section of the Ordinance, or to deny the issuance of a development permit, shall not relieve the responsible party from responsibility for compliance with the condition or for any damages that may result, and shall not result in the Town, its officers, or agents being responsible for conditions or damages.
(Ord. 2020-36, passed 12-2-2019)
8.6. ENFORCEMENT RESPONSIBILITIES
The Planning Director shall have responsibility for enforcement of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.6.1.   Investigations
The Planning Director shall have the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.6.2.   Inspections
   A.   The Planning Director shall have the right, upon receipt of permission from a responsible person, to enter on any premises within the jurisdiction at any reasonable hour for the purpose of inspecting locations subject to any complaints or alleged violations, or determination of compliance or other enforcement action of this Ordinance.
   B.   If any person charged with enforcing this Ordinance cannot obtain permission to enter from a responsible person, the Town shall obtain an administrative search warrant prior to entering the property.
(Ord. 2020-36, passed 12-2-2019)
8.6.3.   Supporting Documentation
The Planning Director shall have the power to compel a person responsible for an alleged violation to provide written statements, certificates, certifications, or reports relating to complaints or alleged violations of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.7.   ENFORCEMENT PROCEDURE
When the Planning Director finds a violation of this Ordinance, they shall notify the responsible person (s) of the violation in accordance with the following:
(Ord. 2020-36, passed 12-2-2019)
8.7.1.   Written Notice of Violation
A written notice of violation shall be prepared and shall include all of following:
   A.   Violation Exists. That the land, building, structure, sign, or use is in violation of this Ordinance;
   B.   Nature of the Violation. The nature of the violation, and citation of the section(s) of this Ordinance violated;
   C.   Remedy. The measures necessary to remedy the violation;
   D.   Allowable Time Period. The time period in which the violation must be corrected;
   E.   Penalties That may be Assessed. That penalties or remedies may be assessed; and
   F.   Appeal. That the party cited has the right to appeal the notice in accordance with Section 2.2.3, Appeal.
(Ord. 2020-36, passed 12-2-2019)
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