The purpose of this chapter is to set forth the powers and duties of the administrator, board of adjustment, planning board, and town board of commissioners as they relate to this ordinance. This chapter also establishes the penalties for violation of the UDO.

A.

The town manager shall appoint a Unified Development Ordinance administrator to enforce the provisions of this ordinance. The assistance of such other persons may be provided as the town board or town manager may direct.

B.

Throughout this ordinance, the administrator may be referred to as "Administrator," "Zoning Administrator," "Subdivision Administrator," "Floodplain Administrator," or "Planning Director."

C.

The various provisions of this Unified Development Ordinance shall be administered by the administrator and designated planning staff. The administrator may appoint any member of the planning staff to assume his duties. It shall be the duty of the administrator to carry out and enforce this ordinance, remedy violations of this ordinance, follow the development approval processes of this ordinance, and issue permits in compliance with this ordinance. The administrator may issue a permit in written or electronic form, as long as it is protected from further editing once issued.

D.

The administrator shall not make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship in accordance with N.C.G.S. 160D-109. If a staff member has a conflict of interest, the decision shall be assigned to another staff member.

E.

The administrator shall maintain a record of all Zoning Permits, development approvals, Special Use Permits, Variances, Text Amendments, Map Amendments (standards and conditional rezonings) on file at his office, and copies shall be made available on request to interested parties.

15.1.1 Power and duties of the administrator.

A.

Pre-application meeting with sketch plan. Any property owner or applicant to meet with town staff prior to making official application with the town may schedule a pre-application meeting. Such meeting shall be scheduled only after a sketch plan has been submitted to the administrator. Sketch Plan review provided by, or under the direction of, the administrator or any other Town Staff is a courtesy and shall not constitute vested rights or plan approval.

1.

This step is not applicable to Engineering Drawings or final plats for Major Subdivisions that have approved preliminary plats. The process for these items shall start at Step 2.

2.

The applicant shall schedule a pre-application meeting with the administrator. The pre-application meeting is a non-binding and informal review of a development proposal intended to provide information to the applicant on the procedures and policies of the Town of Angier and does not confer upon the applicant any development rights. The applicant shall bring a Sketch Plan of the proposed development to the meeting that meets the requirements set forth in Chapter 12.

3.

For Major Subdivision preliminary plats, the developer shall also provide an Existing Features Plan and participate in an on-site walkabout with the administrator.

a.

An Existing Features Plan analyzing each site's special features is required for all developments, as it forms the basis of the design process for building locations, lot lines, street alignments, and conservation areas.

b.

After an Existing Features Plan has been prepared in accordance with chapter 12, the administrator shall schedule a mutually convenient date to walk the property with the applicant and his/her site designer. The purpose of this visit is to familiarize the administrator with the property's special features, and to provide him an informal opportunity to offer guidance to the applicant regarding the potential house locations, street alignments, and the tentative location of conservation areas. Following the walkabout, the applicant and the administrator shall discuss how the severely constraining elements and the significant features, which were identified in the Existing Features Plan, could be applied to the design and layout of the proposed subdivision.

4.

The administrator shall review the Sketch Plan for general compliance with the requirements of this ordinance and any other applicable requirements. The administrator shall advise the developer or his authorized agent of the regulations pertaining to the proposed development and the procedures to be followed.

5.

One copy of the Sketch Plan and the Existing Features Plan (if applicable) shall be retained as a part of the record of the administrator with one copy being returned to the developer or his authorized agent along with any comments made by the administrator concerning the proposed development.

B.

Administrative approval. The administrator shall have the authority to approve the following, following the procedures outlined herein:

1.

If a Site Plan is found to meet all of the applicable regulations of this ordinance, then the administrator shall issue a Land Use Permit. The developer may then obtain a building permit from the Building Inspections Department.

2.

If a final plat for a Minor Subdivision is found to meet all of the applicable regulations of this ordinance, then the plat shall be approved. The developer shall record the plat within 30 days of said approval. If the developer fails to record the plat within 30 days of approval, said approval shall be null and void.

3.

If a preliminary plat for a Major Subdivision is found to meet all of the applicable regulations of this ordinance, then the administrator shall approve the plat and the developer may proceed with completion of Engineering Drawings.

4.

If Engineering Drawings for a Major Subdivision are found to meet all of the applicable regulations of this ordinance and all other applicable local, State, and Federal regulations, then the administrator and town engineer shall approve the Engineering Drawings, and the developer may proceed with the installation or guarantee of the installation of improvements and infrastructure.

5.

If a final plat for all or a portion of a Major Subdivision is found to match the approved preliminary plat and meet all of the applicable regulations of this ordinance and all improvements have either been installed or guaranteed, then the plat shall be approved. The developer shall record the plat within 30 days of said approval. If the developer fails to record the plat within 30 days of approval, said approval shall be null and void.

C.

Determination. The administrator shall have the authority to issue a written, final, and binding order, requirement, or determination regarding an administrative decision. The administrator shall give written or electronic notice to the owner of the property that is the subject of the determination and to the party who sought the determination, if different from the owner.

D.

Final building and zoning inspections for certificate of occupancy (site plan only). An as-built survey shall be submitted by the developer to the administrator and town engineer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.

E.

For all developments, excluding single-family and two-family residential uses, prior the issuance of a Certificate of Occupancy by the building inspector, the administrator or his designee and the town engineer shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards. Pursuant to N.C.G.S. 160D-403(e), the administrator may enter at all reasonable hours 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.

(Ord. of 6-1-2021)

15.3.1 Establishment of the board of adjustment.

A.

The Town of Angier Zoning Board of Adjustment is hereby established. The word "board" when used in this section shall be construed to mean the zoning board of adjustment. Membership on the board shall include the seven members. Five of the members shall consist of the Angier Town Board of Commissioners. These members shall be appointed to three-year, two-year, or one-year terms depending on the remainder of the term of that member's seat on the board of commissioners (whichever is largest). The remaining two members shall be appointed by the Harnett County Board of Commissioners to represent the extraterritorial jurisdiction. In the event the board of county commissioners fails to make their appointments within 90 days after receipt of a resolution from the Angier Town Board, requesting that such appointments be made, the town board may thereupon make such appointments. The two members appointed by the board of county commissioners shall be residents of the territory surrounding the corporate limits of the Town of Angier within the extraterritorial area. Members shall, before entering their duties, qualify by taking an oath of office as required by N.C.G.S. 153A-26 and N.C.G.S. 160A-61.

B.

All evidentiary hearings of the board shall be held at a regular place and shall be open to the public. The applicant, the local government, and any person who would have standing to appeal the decision under N.C.G.S. 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the board. Even if there is no objection before the board, opinion testimony from a lay witness shall not be considered competent evidence for technical matters such as property value and traffic impacts.

The board shall keep minutes of its proceedings in a book maintained for that purpose only, showing the vote of each member upon each question, or if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be by recorded resolution indicating the reasons of the board therefore, all of which shall be a public record.

No final action shall be taken on any matter unless a quorum is present. In accordance with N.C.G.S. 160D-406(b), the board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the board is not then present, the hearing shall be continued until the next regular board meeting without further advertisement.

15.3.2 Powers and duties. The board of adjustment shall have the following powers and duties:

15.3.2.1 Appeal of the administrator. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by administration in the enforcement of this section.

A.

An appeal from the decision of the administrator may be taken to the board of adjustment by any person who has standing under N.C.G.S. 160D-1402. Such appeal shall be taken within 30 days from receipt of the written decision of the administrator by filing a notice of appeal with the town clerk and specifying the grounds thereof. The office to whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. The person who made the decision or who is currently occupying the position shall be present at the evidentiary hearing as a witness in accordance with G. S. 160D-406(e).

B.

An appeal stays all proceedings in furtherance of the action appealed from and accrual of any fines assessed during the pendency of the appeal, unless the administrator certifies to the board after the notice of appeal shall have been filed with him by reasons of fact stated in the certificate, a stay would in his opinion cause imminent peril to life or property or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. In such case proceedings shall not be stayed except by a restraining order, which may be granted by the board or by a court of record on application of notice to the administrator and on due cause shown.

15.3.2.2 Variances. To authorize upon appeal in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of the ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. An application for a variance shall be submitted to the board of adjustment by filing a copy of the application with the town clerk. The applicant may submit reports, arguments, proposed findings or other documents along with the application. Upon submittal of a variance application, no enforcement action shall by taken by staff until a quasi-judicial decision is made by the board of adjustment.

The existence of a nonconforming use of neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in either districts shall not constitute a reason for the requested variances. No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. The concurring vote of four-fifths of the board shall be necessary to grant a variance.

Such variances may be granted in such individual case of unnecessary hardship only upon findings by the board of adjustment after an evidentiary hearing that the following conditions exist:

A.

Unnecessary hardship would result from the strict application of the ordinance.

B.

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

C.

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

D.

The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.

15.3.2.3 Special use permits. The development and execution of this section is based on the division of the Town of Anger into districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. Special uses may be established, under certain conditions and with the proper controls, in such as manner as to minimize any adverse effects. In granting approval of a special use permit, the board of adjustment shall impose such reasonable terms and conditions as it may deem necessary for the protection of the public health, general welfare, and public interest.

Uses specified as a special use in section 3.3 shall be permitted only upon the issuance of a special use permit by the board of adjustment. The owner or owners of all property included in the petition for a special use permit shall submit a complete application and a detailed site plan to the planning department.

The board of adjustment shall find that the following conditions exist prior to granting approval of a special use permit application:

A.

The requested use will not impair the integrity or character of the surrounding or adjoining districts;

B.

The requested use will not be detrimental to the health, morals, or welfare;

C.

Adequate utilities, access streets, drainage, sanitation and/or other necessary facilities have been or are being provided;

D.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

E.

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of adjustment.

Planning staff will issue special use permits upon approval by the board of adjustment. The special use permit will be issued following the applicant's or landowner's written consent to conditions related to the permit to ensure enforceability. The permit is transferable with the sale of the property and will not expire unless a new development proposal or special use permit is approved for the subject property. The board of adjustment shall review any substantial change or increase in density or size of the approved site plan submitted as a part of the special use application. The planning director may approve minor modifications of the approved plans, provided that the changes do not substantially alter the original plan as approved, and the intent and objectives of the original approval are not deviated from. Minor modifications may not include modification of overall use or density.

15.3.2.4 Right of appeal. If a land use permit is denied, then the applicant may appeal the action of the administrator to the board of adjustment; and that from the quasi-judicial decision of the board of adjustment, recourse shall be had to courts as provided by law. Such appeal shall be made within 30 days of such written permit denial by submitting the appeal to the town clerk.

15.3.3 Evidentiary hearing process.

A.

Appeals from the enforcement and interpretation of this section and requests for variances and special use permits, shall be filed with the administrator specifying the grounds thereof. The administrator shall transmit to the board of adjustment all applications and records pertaining to such appeals, special use permits, and variances.

B.

The board of adjustment shall fix a reasonable time for the evidentiary hearing, give due notice thereof to the parties, and decide it within a reasonable time.

C.

A simple majority vote of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance. Pursuant to N.C.G.S. 160D-406, the votes of four-fifths of the board shall be required to grant a variance from the provisions of this section.

A board member shall not participate in or vote on a matter in a manner that would violate the affected persons' constitutional rights to an impartial decision maker in accordance with N.C.G.S. 160D-109. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

D.

The evidentiary hearing will follow statutory procedures for all quasi-judicial development decisions and gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision. The decision will involve the finding of facts regarding a specific application of a development regulation and require the exercise of discretion when applying the standards of the regulation

E.

Every quasi-judicial decision of the Board shall be subject to review by the Harnett County Superior Court by proceedings in the nature of certiorari. Any appeal to the superior court shall be taken within 30 days after the quasi-judicial decision of the board is filed in the office of the zoning officer, or after a written copy thereof is delivered to the appellant by personal service or registered mail, whichever is later.

15.3.4 Administration of oaths. The chairman or any member temporarily acting as chairman is authorized to administer oaths to witnesses in any matter coming before the board. All testimony before the board must be under oath and recorded.

15.3.5 Fees for variances or appeals. The board of commissioners shall set a fee, payable to the Town of Angier, North Carolina, to cover the necessary administrative costs and advertising of each application for a variance or appeal. The set fee shall be posted in the current rate and fee schedule of the town.

15.3.6 Stay of proceedings.

A.

An appeal stays all proceedings in furtherance of the action appealed from, with the following exceptions:

1.

The administrator certifies to the zoning board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property; or

2.

The administrator certifies to the zoning board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, seriously interfere with enforcement of the ordinance because the violation charged is transitory in nature.

B.

In either case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of adjustment or by a court of record on application, on notice to the administrator, and on due cause shown.

(Ord. of 3-3-2020(1); Ord. of 6-1-2021)

15.4.1 Authority and duties. The planning board shall have the powers and duties given it by the North Carolina General Statutes and the town board including the power to:

A.

Make studies and recommend to the town board plans, goals, and objectives relating to the growth, development, and redevelopment of the town and the surrounding extraterritorial planning area;

B.

Develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;

C.

Exercise any functions in the administration and enforcement of various means for carrying out plans that the town board may direct, including making recommendations on text amendments and map amendments (Standard and Conditional Zoning requests).

D.

Conduct such public meetings as may be required to gather information necessary for the drafting, establishment and maintenance of a development plan for the town;

E.

Promote public interest in and an understanding of its recommendations;

F.

Building design alternatives. For building design alternatives, as provided for in chapter 5, the planning board may approve alternate design plans, building materials or construction techniques when unreasonable or impractical situations would result from the application of architectural design standards. Such situations may result from unique site conditions, innovative design applications, and/or unified development design.

1.

Review and approval. The planning board shall make a determination on the request, as outlined in chapter 5.

2.

Additional approvals as required. Approval of building design alternatives does not constitute final approval of the development plan. Plans reviewed by the planning board may be subject to additional administrative approvals depending on the size and type of development that is proposed.

G.

Zoning map amendment (standard rezoning).

1.

Review and approval. Following a complete review by the planning staff, the administrator shall schedule the application for review by the planning board at the next regularly scheduled meeting.

a.

The planning board shall have up to 30 days from the date of referral by the administrator to recommend approval or denial of the request to the town board of commissioners.

b.

For all map amendment (rezoning) requests, the planning board shall include with its recommendation a written statement regarding the consistency of the request with adopted town plans and policies and the surrounding area in accordance with N.C.G.S. 160D-501.

H.

Conditional zoning map amendment (conditional rezoning).

1.

Review and approval. Following a complete review by the planning staff, the administrator shall schedule the application for review by the planning board at the next regularly scheduled meeting.

a.

The planning board shall have up to 30 days from the date of referral by the administrator to recommend approval or denial of the request to the town board of commissioners.

b.

For conditional zoning map amendment requests, the planning board shall include with its recommendation a written statement regarding the reasonableness of the request.

I.

Landscaping design alternatives. For landscaping design alternatives, as provided for in chapter 7, the planning board may approve alternate design plans, landscaping materials, or techniques when unreasonable or impractical situations would result from the application of landscaping design standards. Such situations may result from unique site conditions, innovative design applications, and/or unified development design.

1.

Review and approval. The planning board shall make a determination on the request, as outlined in chapter 7.

2.

Additional approvals as required. Approval of landscaping design alternatives does not constitute final approval of the development plan. Plans reviewed by the planning board may be subject to additional administrative approvals depending on the size and type of development that is proposed.

J.

The planning board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this article. Any adopted rules of procedure shall be maintained by the administrator and posted on the town website in accordance with N.C.G.S. 160D-308.

K.

The planning board shall have no power to incur any debt or obligation of the town, nor shall it have any power to make any expenditure of funds of the town unless such funds are specifically provided for in the budget of the town and appropriation made for such purposes by the town board.

15.4.2 Membership.

A.

There shall be a planning board consisting of seven members. Four members, appointed by the town board, shall reside within the town limits. Three members, appointed by the Harnett County Board of Commissioners, shall reside within that portion of the town's extraterritorial jurisdiction (ETJ) that lies within Harnett County. If, despite good faith efforts, a resident of the ETJ within the county cannot be found to fill the seat reserved for the residents of such area, then the county board of commissioners may appoint any other resident of the county (including residents of the Town of Angier) to fill such seat. If the county board of commissioners fails to make an appointment within 90 days after receiving a resolution from the town board requesting that an appointment be made, the town board may make the appointment.

B.

Planning board members shall be appointed for two-year staggered terms but members may continue to serve until their successors have been appointed. In-town and ETJ residents will serve two-year staggered terms. Terms shall expire on December 31.

C.

Members may be appointed no more than three successive terms. Once a member serves three successive terms, the member shall not be eligible to reapply for two years.

D.

Members shall, before entering their duties, qualify by taking an oath of office as required by N.C.G.S. 153A-26 and N.C.G.S. 160A-61.

E.

Faithful attendance at the meetings of the planning board is considered a prerequisite for the maintenance of membership on the planning board. Planning board members may be removed by the town board at any time for failure to attend three consecutive regularly scheduled meetings or for failure to attend four or more of the meetings within any 12-month period or for any other good cause related to performance of duties. In the absence of regular planning board members, the town board may appoint alternates as it deems necessary.

F.

All members may participate in and vote on all issues before the planning board, regardless of whether the issue affects property within the town or within the ETJ.

G.

Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term by the town board for in-town members of the planning board and by the county commission for the ETJ members of the planning board.

H.

All members of the planning board shall serve with compensation as set forth in the annual budget recommended by the town manager and adopted by the town board of commissioners.

15.4.3 Meetings, legislative hearings, and procedures.

A.

The planning board shall elect a chair and may create and fill such other offices as it may deem necessary. The term of officers shall be one year or until successors shall have been elected and installed, with eligibility for reelection. Vacancies in officers' positions prior to expiration of terms shall be filled for the period of the unexpired term by the planning board. The planning board shall adopt rules of transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record.

B.

The planning board shall hold at least one meeting monthly unless there is no business to be discussed or acted upon, and all of its meetings shall be in accordance with N.C.G.S. § 143-318.9 et seq., so as to process appeals and permit applications as expeditiously as possible. A quorum shall consist of a majority of the members of the planning board for the purpose of taking any official action.

Pursuant to N.C.G.S. 160D-109, members of the planning board may not vote on any advisory or legislative decision where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Planning board members shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship. This provision shall not prohibit such members from participation in discussions of the planning board on such matters prior to a vote.

C.

The planning board shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

D.

Minutes shall be kept of all board proceedings.

E.

All board meetings shall be open to the public, and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting.

F.

The planning board is charged with the responsibility to carry out its duties for the purpose of promoting the health, safety, morals, and the general welfare of the community. The planning board shall review and make recommendations to the board of commissioners; however, in the absence of a recommendation from the planning board after the expiration of 30 days from the date on which the request has been submitted in writing to the planning board, the town board of commissioners may take final action without receiving the recommendation, or may extend the time within which the planning board may report.

(Ord. of 6-1-2021)

The town board of commissioners shall hold the following powers and duties related to this ordinance:

A.

To review, hold legislative hearings, and make legislative decisions for text amendments, and map amendments (Standard and Conditional Zoning requests). To review, hold evidentiary hearings, and make quasi-judicial decisions for vested rights requests.

A commissioner shall not vote on any legislative decision regarding a development regulation adopted pursuant to N.C.G.S. 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A commissioner shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

B.

To make legislative decisions on all issues related to the Unified Development Ordinance, Zoning Map, Comprehensive Plan, and other land use plans which may be adopted from time to time.

C.

Upon request of the applicant, the town board of commissioners may approve an extended vesting period of between two years and five years or from the date of approval in accordance with the vested rights requirements of chapter 1, and provided that reasonable explanation is given as to why such extension is necessary.

(Ord. of 6-1-2021)

15.6.1 Violations. If the administrator shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations and the landowner (if different), indicating the nature of such violation and ordering the action necessary to correct it. The administrator shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. The administrator shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violations of its provisions.

A.

Nothing in this ordinance, nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. In addition to the remedies provided for herein, any violation of the terms of this ordinance shall subject the violator to the penalties and remedies, either criminal or civil or both.

B.

In case any structure or use is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this ordinance as herein provided, an action for injunction or other appropriate action to prevent such violation may be instituted by the administrator, the Harnett County Building Inspector, any other appropriate town authority, or any person who may be damaged by such violation.

15.6.2 Penalties.

A.

The administrator will notify any person, firm, or corporation of a suspected violation of this ordinance in person or in writing. Any person, firm, or corporation who violates the provisions of this ordinance shall upon conviction be guilty of a misdemeanor and shall be fined not exceeding $500.00 dollars and/or imprisoned not exceeding 30 days. Each day of violation shall be considered a separate offense.

B.

In addition to the other remedies cited in this ordinance for the enforcement of its provisions, and pursuant to N.C.G.S. § 160A-175, the regulations and standards in this ordinance may be enforced through the issuance of civil penalties by the administrator.

C.

Subsequent citations for the same violation may be issued by the administrator if the offender does not pay the citation (except as otherwise provided in a warning situation) after it has been issued unless the offender has sought an appeal to the actions of the administrator through the board of adjustment. Once the ten-day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the administrator.

D.

The following penalties are hereby established:

E.

If the offender fails to pay the civil penalties within five days after having been cited, the town may recover the penalties in a civil action in the nature of debt.

15.6.3 Remedy.

A.

In any case where a building is created, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used in violation of this ordinance, the administrator, or any other appropriate town authority, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violations.

B.

The administrator or his designee may remove and destroy or otherwise dispose of any sign placed on public property or within any right-of-way of any public or private street.

15.6.4 Stop work order issuance and revocation of permits.

A.

Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered, or repaired in substantial violation of any applicable provision of this ordinance, whether related to a permit or not, the administrator may order the specific part of the work that is in violation, or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.

B.

The administrator may revoke any permit by written notification to the permit holder when violations of this ordinance have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this ordinance, or a permit has been mistakenly issued in violation of this ordinance. The approval of any special use permit issued pursuant to this ordinance may be revoked after an evidentiary hearing.

(Ord. of 6-1-2021)