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8.8.1.   Civil Penalties
Any responsible person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty of $100.00 per day under the procedures provided in Section 8.9, Assessment of Civil Penalties.
(Ord. 2020-36, passed 12-2-2019)
8.8.2.   Denial of Permit or Certificate
As appropriate, any of the review authorities listed in this section may withhold or deny a permit, certificate, or other authorization for the same land, subdivision, building, structure, sign, use, or development activity in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted.
(Ord. 2020-36, passed 12-2-2019)
8.8.3.   Conditional Permit or Temporary Certificate
   A.   The Planning Director may condition the authorization of any permit, certificate, or other approval for land, subdivision, building, structure, sign, use, or development activity with a violation or outstanding enforcement action upon the correction of the violation, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.
   B.   In no instance shall the Planning Director condition the authorization of any permit, certificate, or approval for one property with a violation or outstanding enforcement action upon the correction of the violation, payment of civil penalties within a specified time, or the posting of a compliance security for a different property.
(Ord. 2020-36, passed 12-2-2019)
8.8.4.   Stop Work Orders
   A.   General. Whenever a review authority listed in this section determines that a person is engaged in doing work that constitutes, creates, or results in a violation of this Ordinance and that irreparable injury will occur if the violation is not terminated immediately, the review authority may order the specific part of the work that constitutes, creates, or results in a violation of this Ordinance to be immediately stopped.
   B.   Order in Writing. The stop work order shall be in writing and directed to the landowner, and the occupant or person doing the work in a manner consistent with applicable law. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
   C.   Appeal. Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the Board of Adjustment in accordance with Section 2.2.3, Appeal. An appeal shall not stay the stop work order unless the BOA fails to hear the appeal within 60 days of receipt of the notice of appeal. If the BOA fails to hear the appeal within 60 days, the stop work order shall be stayed until the BOA acts on the appeal.
   D.   Compliance Required. Neither the responsible person nor a landowner upon whom a stop work order is served shall continue with work in violation of the stop work order while it remains in effect, unless the order is stayed in accordance with subsection (C) above.
(Ord. 2020-36, passed 12-2-2019)
8.8.5.   Revocation of Permits
   A.   The Planning Director may revoke and require the return of a permit by notifying the permit holder in writing, stating the reason for the revocation.
   B.   Permits or certificates may be revoked, in accordance with Section 160D-403(f) of the North Carolina General Statutes, for any of the following:
      1.   Any substantial departure from the approved application, plans, or specifications;
      2.   Refusal or failure to comply with the requirements of State or local laws; or
      3.   For making false statements or misrepresentations in securing the permit, certificate, or approval.
      4.   Any permit or certificate mistakenly issued in violation of an applicable State or Town law may also be revoked.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)
8.8.6.   Criminal Penalties
   A.   Violation of Erosion and Sedimentation Control. Any person who knowingly or willfully violates any soil erosion and sedimentation control provision of this Ordinance, or rule or order adopted or issued pursuant to the soil erosion and sedimentation control provisions of this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which a soil erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor that may include a fine not to exceed five thousand dollars ($5,000).
   B.   All Other Violations. Any violation of this Ordinance may be enforced as a Class 3 misdemeanor as provided for by Sections 14-4 and 160A-175 of the North Carolina General Statutes, subject to a maximum fine of $500.
(Ord. 2020-36, passed 12-2-2019)
8.8.7.   Injunctive Relief
   A.   Action by Board of Commissioners. Whenever the Board of Commissioners has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the Town, for injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation.
   B.   Superior Court. The action shall be brought in the Superior Court of the appropriate county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation.
   C.   No Relief from Criminal Penalties. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
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