The purpose of this article is to establish the procedures for the enforcement of the provisions of this ordinance. A program of inspection and investigations to determine compliance with this ordinance and all orders, plans, permits, certificates, and authorizations issued under it is hereby authorized.

The ordinance administrator may pursue one or more of the following remedies and penalties described below, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this ordinance. The use of one of the remedies and penalties does not preclude the ordinance administrator from using any other remedies or penalties, nor does it relieve any party to the imposition of one remedy or penalty from imposition of any other remedies or penalties.

Any act of commission or omission contrary to the regulations and requirements of this ordinance, or any breach of any duty imposed by it, is a violation of this ordinance.

Each day a violation continues constitutes a separate violation for the purposes of the penalties and remedies specified in this article.

(A)

The ordinance administrator shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction of the ordinance at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement action.

(B)

The ordinance administrator shall have the power to conduct such investigations as he may reasonably deem necessary to carry out the duties as prescribed in this article and, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this article.

(A)

Upon determining a violation exists, the ordinance administrator may give the property owner written notice of the violation by either personal service, posting a notice on the property or via certified mail.

(B)

The written notice of violation shall:

(1)

Describe the nature of the violation and cite the specific ordinance provision that the violation relates to;

(2)

State its location by indicating the street address and parcel number;

(3)

State the actions necessary to correct the violation;

(4)

Specify the timeframe in which to correct the violation, which will be 30 days from the date of the notice, unless there is an immediate threat to public health and/or safety, in which case the notice may require the immediate cessation of the offending activity or other remedial measure to correct the violation;

(5)

State the remedies and penalties that may be pursued if the violation is not corrected within the specified time limit; and

(6)

Inform the violator of their right to appeal the violation to the board of planning and adjustment within 30 days of the issuance of the notice.

(A)

A written request for an extension of the specified time limit for correction of the violation may be submitted to the ordinance administrator within 30 days of the receipt of the notice of violation, stop order or notice of the board of planning and adjustment's decision concerning the violation or correction order where an appeal has been properly filed.

(B)

The ordinance administrator may extend the time limit as reasonably necessary to allow additional time to correct the violation when the extension request includes enough information to show that it cannot reasonably be corrected within the specified time limit.

(A)

The ordinance administrator will determine whether the violation has been corrected after the time limit for correction of the violation has been reached, including any stay or extension thereof.

(B)

The ordinance administrator shall impose one or more of the remedies and penalties specified in this ordinance if the violation is not corrected.

The ordinance administrator may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in this article if delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare.

(A)

The ordinance administrator may deny or withhold approval of any permit, certificate or other authorization provided for in this ordinance that is sought for the property on which a violation occurs, as long as the violation remains uncorrected.

(B)

The ordinance administrator may also condition a permit, certificate, or authorization on the correction of the violation and/or payment of a civil penalty, and/or posting of a compliance security.

(A)

The ordinance administrator may revoke an approved permit if the permit holder fails to develop, use or maintain the property in accordance with the standards of this ordinance, the approved permit application, or any other relevant development approval applicable to the permit.

(B)

The ordinance administrator must give the permit recipient ten days' notice of his intent to revoke zoning permit or development approval. The notice must inform the recipient of the reasons for the revocation and of his right to obtain an informal hearing on the allegations. The ordinance administrator will provide the permittee a written statement of the decision and the reasons therefore if the permit or approval is ultimately revoked.

(C)

Special use permits may be revoked in the same manner in cases where the conditions of the permit have not been, or are not being complied with, or the property owner fails to develop or maintain the property in accordance with the plans submitted, or any other requirements of this ordinance.

(D)

No person may continue to make use of land or buildings in the manner authorized by any zoning permit or similar use or development approval after such permit or approval has been revoked in accordance with this section.

(A)

The ordinance administrator may issue a stop work order to prevent a violation of this ordinance.

(B)

Written notice of a stop work order must be directed to the person(s) conducting the violating activity and/or the property owner, state the reasons for its issuance and the conditions under which activity may be resumed.

(C)

Notice shall be given by either personal service or certified mail, and a notice shall be prominently posted on the site of the violation.

(D)

All work on the site of the violation shall cease, except those activities necessary to bring the site into compliance, once the notice is posted on the site of the violation.

(E)

The person(s) conducting the violating activity, and/or the property owner, may appeal the stop work order to the board of planning and adjustment as outlined in article 2.

(A)

The ordinance administrator may impose one or more civil penalties and issue one or more civil penalty citations for a violation. The amount of the civil penalty for the violation of this ordinance is $500.00. Civil penalties accrue daily for each day the violation continues uncorrected.

(B)

The ordinance administrator shall give the owner of the property written notice of the civil penalty citation in the same manner as described in subsection 3.3.2, Notice of Violation. The notice must:

(1)

Include a copy of the notice of violation;

(2)

The amount of the penalty;

(3)

Information about where to pay the penalty;

(4)

The deadline for payment, which will be 30 days from the date of the civil penalty notice; and

(5)

State the possibility of additional civil enforcement.

(C)

Following the initial issuance of a civil penalty citation, the ordinance administrator may issue a single subsequent notice of civil penalty citation for a continuing violation. The notice must contain:

(1)

A copy of the initial notice of violation, final notice of violation, or stop order;

(2)

State that the violation is continuing;

(3)

State that a daily penalty of a specified amount is being imposed; and

(4)

State that the penalty is cumulative and will be assessed each day that the violation continues.

A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by G.S. § 160A-175 (Enforcement of Ordinances).