Any of the following remedies may be applied by the Town, whether individually or in combination, in response to a violation of this UDO:

This section establishes procedures to ensure compliance with the provisions of this Ordinance and obtain corrections for ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this section are intended to encourage the voluntary correction of violations, where possible.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the Town.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Enforcement of violations of this Ordinance shall be in accordance with §§ 1-49(3) and 1-51(5) of the North Carolina General Statutes.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Any violation of this Ordinance shall be subject to the remedies and penalties provided by this Ordinance and by State law. Violations of this Ordinance shall include, but not be limited to, any of the following:

(a)

Disturbance, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required plans, permits, certificates, or other forms of authorization as set forth in this Ordinance;

(b)

Development inconsistent with authorization. Engaging in any development, use, construction, land disturbance, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity;

(c)

Violation by an act or omission. Any term, variance, modification, adjustment, condition, or qualification placed upon any required plan, permit, certificate, or other form of authorization for the development, use, construction, land disturbance, or other activity upon land or improvements thereon.

(d)

Use in violation. Erecting, constructing, altering, repairing, maintaining, or using any building or structure, or use of any land in violation of this Ordinance or any regulation made under the authority conferred thereby;

(e)

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 Johnston County Register of Deeds;

(f)

Continue operation following permit revocation. Continuing with construction or operation of a use, building, structure, or activity following permit revocation conducted in accordance with the standards of this section; and

(g)

Violation of environmental regulations. Failing to follow or violating the following rules or regulations:

(1)

The Johnston County stormwater control ordinances adopted and enforceable in the Town through an interlocal agreement dated Oct. 8, 2012;

(2)

Town of Archer Lodge Town Code of Ordinances Chapter 14 Flood Damage Prevention;

(3)

Water Supply Watershed Protection Overlay (WSWOD) District (See § 30-4502); or

(4)

The Johnston County Sedimentation and Erosion Control ordinances (applied to Town of Archer Lodge through an Inter-Local Agreement adopted on Oct. 6, 2014).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

General. The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any such situation that is contrary to the requirements of this Ordinance, may be held responsible for the violation and be subject to the penalties and remedies provided in Divisions 4 Remedies, and Division 5 Assessment of civil penalties, below.

(b)

Failure by town does not relieve individuals. 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 landowner from responsibility for the condition or damages that may result and shall not result in the Town, its officers, or agents being responsible for conditions or damages.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Investigations. As appropriate, any of the reviewing authorities listed in this Ordinance have the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in the UDO or other Town ordinances.

(b)

Inspections.

(1)

As appropriate, any of the reviewing authorities listed in this section 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 UDO or other Town Ordinance.

(2)

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.

(c)

Supporting documentation. As appropriate, any of the review authorities listed in this section 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 UDO or other Town ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Complaints.

(1)

Whenever the Town Planner receives a written and signed compliant alleging a violation of this Ordinance, the Town Planner, Code Enforcement Officer, or other Town official or agent shall investigate the violation allegation in accordance with the standards in this section.

(2)

The Town Planner, Code Enforcement Officer, or other Town official or agent as appropriate, shall inform the complainant as to whether or not a violation of this Town was discovered upon investigation, and if a violation is found to exist, the actions that will be taken by the Town to address the violation.

(3)

Nothing shall limit the Town Planner, Code Enforcement Officer, or other Town official or agent from investigating possible violations of this Ordinance without receipt of a written complaint.

(b)

Violation discovered. When the Town Planner, Code Enforcement Officer, or other Town official or agent finds a violation of this Ordinance, they shall take following actions:

(1)

Preparation of written notice of violation. A written notice of violation shall be prepared, in writing, and delivered to the person(s) responsible for the violation. The notice shall include all of the following:

a.

Violation exists. That the land, building, structure, sign, use, or activity 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 § 30-3302, Appeals.

(2)

Delivery of written notice. Written notice of violation shall be provided to the landowner, occupant, or any other responsible person by any of the following means:

a.

Certified mail;

b.

Registered mail to their last known address;

c.

Personal service;

d.

Federal Express or other similar delivery service permitted by N.C. Rule of Civil Procedure 4.

e.

Optional: Posting notice conspicuously on the property.

(3)

Initial notice shall constitute final notice. The initial written notice of a violation may constitute final notice regarding a violation though additional written notice may be provided, in the sole discretion of the Town Planner, Code Enforcement Officer, or other Town staff or agent.

(4)

Remedy required upon notice. Upon delivery of a written notice of a violation, the landowner or any other responsible person shall remedy the violation within the allowable time period.

(5)

Emergency situations. In cases where the delay resulting from the notification process would pose a danger to the public health, safety, or welfare, the Town Planner, Code Enforcement officer, or other Town staff or agent may seek enforcement of this Ordinance without prior written notification and may invoke any of the remedies available in Article 9, Division 4 Remedies.

(6)

Failure to comply with order. If the landowner, occupant, or any other responsible person fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the Board of Adjustment following an appeal, the landowner, occupant, or other responsible party shall be subject to such remedies and penalties as may be provided for by State law or Article 9, Division 4, Remedies.

(7)

Each day a separate violation. Each day a violation continues following notice or failure to comply is considered a separate and distinct violation of this Ordinance.

(c)

Failure to take corrective action for violations in the floodway or special flood hazard area (SFHA).

(1)

In cases where a responsible party has received a notice of violation for development or activity in violation of the standards of Town Code of Ordinances Chapter 14, Flood Damage Prevention, in the SFHA, and failed to take the required corrective action in the time limit provided, the Town Planner/Floodplain Administrator shall provide written notice of the failure via certified or registered mail to the responsible person's last known address indicating that the property in question is in violation of this Ordinance and that a hearing on the matter will be conducted by the Floodplain Administrator not less than ten days after the date of the notice of failure to take corrective action.

(2)

At the hearing, the responsible person shall be entitled to present arguments and evidence pertaining to the matter. If, after completion of the hearing, the Floodplain Administrator finds that the property remains in violation of the SFHA standards, the Floodplain Administrator shall issue an order for correction within a specified time period of not less than 60 days from the close of the hearing. The order of the Floodplain Administrator may be appealed to the BOA within ten days in accordance with the standards in § 30-3116, Appeals.

(3)

If no appeal is filed and the responsible party fails to take the corrective action identified in the Floodplain Administrator's order, the responsible party shall be guilty of a misdemeanor, and shall be punished in a manner under the discretion of the N.C. courts in Johnston County, N.C.

(d)

Violations in the water supply watershed protection overlay (WSWOD) district.

(1)

Any person violating any provisions of § 30-4502 Water Supply Watershed Protection Overlay District (WSWOD), shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 14-4 of the North Carolina General Statutes.

(2)

The maximum fine for each offense shall not exceed $500.

(3)

Each day that the violation continues shall constitute a separate offense.

(e)

Civil penalty.

(1)

If any subdivision, development, or land use is found to be in violation of § 30-4502 Water Supply Watershed Protection Overlay (WSWOD) District, the Town Council may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of up to $500, or institute an action to:

a.

Restrain, correct, or abate the violation;

b.

Prevent occupancy of the building, structure, or land; or

c.

Prevent any illegal act, conduct, business, or use in or about the premises.

(2)

In addition, the NC Environmental Management Commission may assess civil penalties in accordance with § 143-215.6A of the North Carolina General Statutes. Each day that the violation continues shall constitute a separate offense.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Any responsible person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Article 9, Division 5., Assessment of Civil Penalties.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Town Planner 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 this UDO.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Town Planner or other Town staff or agent, as appropriate, may condition a permit, certificate, or other authorization for land, subdivision, building, structure, sign, use, or development activity with a violation in order to compel:

(1)

Correction of the violation;

(2)

Payment of civil penalties; and

(3)

Posting of a compliance security, as approved by the appropriate governmental authority.

(b)

In no instance shall a permit, certificate, or approval for one property be conditioned in order to address a violation on a different property.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

General. Whenever the Town Planner, or other Town Staff or agent, as appropriate, determines that a person is engaged in doing work that constitutes, creates, or results in a violation of this UDO and that irreparable injury will occur if the violation is not terminated immediately, the Town Planner, other Town staff or agent, as appropriate, 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. 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 § 30-3302, Appeals. An appeal shall stay the stop work order unless the Town Planner submits an affidavit to the Board of Adjustment as provide in § 30-3302 (c), Stay of enforcement actions.

(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.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Town may, in its sole discretion, initiate a process to revoke a prior development approval or permit in response to a violation of this Ordinance.

(b)

The Town Planner or the Building Inspector, as appropriate, may initiate the revocation process by notifying the permit holder in writing, at least ten days prior to the commencement of revocation proceedings, stating the reason for the proposed revocation.

(c)

Permits or certificates may be revoked, in accordance with § 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.

(d)

Any permit or certificate mistakenly issued in violation of an applicable State or County law may also be revoked by the appropriate authority.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(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, 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 §§ 14-4 and 160A-175 of the North Carolina General Statutes, subject to a maximum fine of $500 or a maximum of 30 days imprisonment.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Action by Town Council. Whenever the Town Council has reasonable cause to believe that any person is violating or threatening to violate this UDO, or any rule or order adopted or issued pursuant to this UDO, or any term, condition, or provision of an approved development 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 Johnston County Superior Court. Upon determination by the 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 a party in violation of this UDO from any applicable civil or criminal penalty.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

In addition to an injunction, the Town may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

(a)

That buildings or other structures on the property be closed, demolished, or removed;

(b)

That fixtures, furniture, or other moveable property be moved or removed entirely;

(c)

That improvements, alterations, modifications, or repairs be made; or

(d)

That any other action be taken as necessary to bring the property into compliance with this UDO.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of tis UDO. The fact that other remedies are provided under general law or this UDO shall not be used by a violator as a defense to the Town's application for equitable relief.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

In addition to other enforcement provisions contained in this section, the Town Council may exercise any and all enforcement powers granted to it by State or common law.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

In the event of conflict between the enforcement provisions of this Article and any of the following, the Johnston County or Town ordinances located outside of the UDO shall apply:

(a)

The Johnston County soil erosion and sedimentation control (applicable to the Town by an interlocal agreement dated Oct. 6, 2014); or

(b)

The Johnston County stormwater ordinances applicable to the Town by an inter-local agreement dated Oct. 8, 2012; or

(c)

Town Code of Ordinances Chapter 14 Flood Damage Prevention (See Chapter 14 of the Town Code of Ordinances).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The minimum civil penalties for violation of this Article shall be as follows:

(a)

First offense: $150.00.

(b)

Second offense: $200.00.

(c)

Subsequent offenses: $300.00.

(d)

In addition to any civil remedies set out in this section the Town, in its sole discretion, may seek, as an alternative and/or additional relief the recovery of its actual investigative cost where those administrative costs are determined to be greater than $500.00.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Written notification required. Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with § 30-9303 Enforcement procedures. Nothing shall prevent the notice of violation from serving as the written notice of penalty assessment of civil penalties.

(b)

Notice of penalty assessment. Notice of the civil penalty assessment shall be served in the same manner as a notice of violation.

(c)

Assessment contents. The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 10 days of the date of the notice of penalty assessment.

(d)

Assessment until compliance. Civil penalties may be assessed until compliance is achieved.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

If compliance is not achieved, then the Town Planner, Code Enforcement Officer, or other Town staff or agent, as appropriate, shall make written demand for payment of penalties that have accrued while the property has been in violation. The demand for payment shall be sent to the responsible person in violation and must include a description of the violation for which the civil penalties have been imposed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

If payment is not received or equitable settlement reached within 10 days after demand for payment is made, the Town may recover any unpaid civil penalty by filing a civil action in the nature of debt or by placing a lien on the property.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)