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

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.

Any of the following activities shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided by this article and by State law:

A.

Development without Authorization. Engaging in any development, use, construction, land 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 Act or Omission. Violating, by 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 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 transfer or sell 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 Carteret County Register of Deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from being deemed a violation this Ordinance.

F.

Violate Environmental Laws. Violating the rules or regulations of Section 18.6.1, Stormwater Management, or Section 18.6.3, Flood Damage Prevention.

G.

Continue a Violation. Each day a violation continues is a separate and distinct offense.

A.

General. 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 article.

B.

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 Ordinance, or to deny the issuance of a development or land disturbance permit, shall not relieve the landowner from responsibility for the condition or damages resulting therefrom and shall not result in the Town, its officers, or agents being responsible for conditions or damages resulting therefrom.

C.

Remedy Upon Notice. Upon notice of a violation, the landowner and any other responsible person shall immediately remedy the violation.

A.

Responsibilities.

1.

Building Inspector. The Building Inspector is responsible for enforcing the provisions of this Ordinance pertaining to land disturbance, construction on private land, and the construction of public infrastructure.

2.

Floodplain Administrator. The Floodplain Administrator is responsible for enforcing the provisions of this Ordinance pertaining to flood damage prevention, soil erosion and sedimentation control, and the inspection of stormwater management devices.

3.

UDO Administrator. The enforcement of the remaining provisions of this Ordinance are the responsibility of the UDO Administrator.

B.

Complaints. Whenever the UDO Administrator receives a written, signed complaint alleging a violation of this Ordinance, they shall investigate the complaint and take action in accordance with the standards in this article.

C.

Investigations. As appropriate, any of the staff members listed in Section 18.9.6.A, Responsibilities, has the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating any complaints or alleged violations of this Ordinance.

D.

Inspections.

1.

As appropriate, any of the staff members listed in Section 18.9.6.A, Responsibilities, has the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspecting the sites of any complaints or alleged violations, or determination of compliance or other enforcement action of this Ordinance.

2.

However, if any person charged with enforcing this Ordinance cannot obtain oral or written permission to enter from the landowner, tenant or other lawful occupant of the property, the Town shall first obtain an administrative search warrant prior to entering the property.

E.

Supporting Documentation. As appropriate, any of the staff members listed in Section 18.9.6.A, Responsibilities, has the power to require written statements, certificates, certifications, or the filing of reports with the respect to pertinent questions relating to complaints or alleged violations of this Ordinance.

When the UDO Administrator, Building Inspector, or Floodplain Administrator, as appropriate, finds a violation of this Ordinance, it shall be their duty to notify the responsible persons of the violation.

A.

Notice of Violation. If the landowner or occupant of the land, building, structure, sign, or use in violation fails to take prompt action, any of the staff members listed in Section 18.9.6.A, Responsibilities, as appropriate, shall give the landowner written notice, and permittee if different, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The written notice must include the following:

1.

Violation Exists. That the land, building, structure, sign, or use is in violation of this Ordinance;

2.

Nature of the Violation. The nature of the violation and citation of the section(s) of this Ordinance violated;

3.

Remedy. The measures necessary to remedy the violation;

4.

Allowable Time Period. The time period in which the violation must be corrected; except that no time period need be given for grading without a permit or interference with official duties;

5.

Penalties That May Be Assessed. That penalties or remedies may be assessed; and

6.

Appeal. That the party cited has the right to appeal the notice in accordance with Section 18.2.4.C, Appeal.

B.

Emergency Situations. In cases where delay would seriously threaten the effective enforcement of the Ordinance or pose a danger to the public health, safety, or welfare, the UDO Administrator may seek enforcement without first filing a written notice of violation.

C.

Failure to Comply With Order. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the BOA following an appeal, the landowner or occupant shall be subject to such remedies and penalties as may be provided for by State law or by Section 18.9.9, Remedies and Penalties.

D.

Certification of Notice. The person providing the notice of violation shall certify that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

(Ord. No. 21-06-02, 6-28-21)

The following are remedies and penalties available to address violations of this Ordinance:

A.

Civil Penalties.

1.

Notice.

a.

Notification Required. Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with Section 18.9.7, Enforcement Procedure.

b.

Civil Penalty Imposed. If after receiving a notice of violation under Section 18.9.7.A, Notice of Violation, the person fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section.

c.

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

d.

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 15 days of the date of the notice.

e.

Separate Notices. Separate notices must be provided for the first, second, third, and fourth violations. After notice for the fourth violation, penalties may be assessed and accrue on a daily basis without any further notice to the property owner.

f.

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

2.

Continuing Violation. 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.

3.

Demand for Payment. If compliance is not achieved, then any of the staff members listed in Section 18.9.6.A, Responsibilities, 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.

4.

Nonpayment. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to legal counsel to institute a civil action for recovery of the civil penalty. Moreover, if the civil penalty is not paid within the time prescribed, any of the staff members listed in Section 18.9.6.A, Responsibilities, as appropriate, may have a criminal summons or warrant issued against the violator. Upon conviction, the violator is subject to any criminal penalty the court may impose pursuant to G.S. 14-4.

5.

Fines.

a.

Fine Amount, Generally. Any person who violates any provision of this Ordinance, except for soil and erosion control violations, shall be subject to assessment of a civil penalty as established by Town Council.

6.

Use of Fines from Soil Erosion and Sedimentation Control. Civil penalties collected for soil erosion and sedimentation control violations must be used or disbursed as directed by G.S. 113A-64(a).

B.

Conditional Permit or Temporary Certificate. As appropriate, any of the staff members listed in Section 18.9.6.A, Responsibilities, shall condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.

C.

Stop Work Orders. The Town may issue a stop work order for violations in accordance with G.S. 160D-404(b).

D.

Revocation of Permits. The Town may revoke a permit issued in error or associated with a violation in accordance with G.S. 160D-403(f) and 160D-1115.

E.

Injunctive Relief.

1.

Action by Town Council. Whenever the Town Council 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.

2.

Superior Court. The action shall be brought in the Superior Court of Carteret 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.

3.

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.

F.

Order of Abatement.

1.

General. 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 Ordinance.

2.

Lien. As appropriate, any of the staff members listed in Section 18.9.6.A, Responsibilities, may execute the Order of Abatement and have a lien placed on the property in the nature of a mechanic's and material man's lien for the cost of executing the order.

G.

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

H.

State and Common Law Remedies. 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 law or common law.

I.

Previous Enforcement. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions.

J.

Remedies—Cumulative and Continuous.

1.

Cumulative Violations. All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

2.

Repeat Violations. If a landowner or occupant repeats the same violation within a two-year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies.

(Ord. No. 21-06-02, 6-28-21)