Any of the following shall be a violation of this ordinance or CHAPTER 34 of Brevard City Code and shall be subject to the enforcement remedies and penalties provided by this article and by North Carolina State Law.

1. A.
   Development without permit. To engage in any development, site preparation, use, demolition, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this ordinance without all required permits, certificates, or other forms of authorization as set forth in this ordinance.
2. B.
   Development inconsistent with permit. To engage in any development, site preparation, use, demolition, construction, remodeling, 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.
3. C.
   Violation by act of omission. To violate, by act of omission, any term, variance, modification, condition, or qualification placed by the city council or its agent boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.
4. D.
   Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure, or to use any land, or to conduct any activity in violation or contravention of this ordinance or any other regulation made under the authority conferred thereby.
5. E.
   Subdivide in violation.

   1. 1.
      It shall be a violation of this ordinance to subdivide, recombine, or otherwise modify the boundaries of any unit of land, building, or structure; or to otherwise divide units of land, buildings, or structures into separate units of ownership that may be transferred, sold, or otherwise conveyed from one entity to another (whether by means of fee-simple ownership, ownership in common, or any other form of ownership), without first securing approval from the administrator in accordance with the provisions of this ordinance. Specific violations shall include, but shall not be limited to the following types of activities:

      1. a.
         To subdivide or recombine land or transfer or sell land or interest therein by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has first been properly approved under this ordinance and then properly recorded in the office of the county register of deeds.
      2. b.
         To subdivide or recombine or otherwise create a description by metes and bounds, deed, condominium plat, plat of condominium, article of condominium, or other similar instrument of transfer or other document used in the process of creating units of land or in the selling or transferring land or interest therein before such document has first been properly approved under this ordinance and then properly recorded in the office of the county register of deeds.
      3. c.
         The establishment of any easement or right-of-way, whether private or public, before the establishing document has first been properly approved under this ordinance and then properly recorded in the office of the county register of deeds.
   2. 2.
      Any property owner or owner's agent of any land located within the jurisdiction of this ordinance, who subdivides land in violation of this ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land, or by any of the means described above, or by any other means that would not meet the requirements of this ordinance, before such plat or other document has first been properly approved under this ordinance and then recorded in the office of the register of deeds, shall be guilty of a class 1 misdemeanor and all other remedies as provided for under state law, including but not limited to those provided for under G.S. 160D-807.
6. F.
   Continue a violation. To continue any of the above violations is a separate and distinct offense.

(Ord. No. 20-09, § 4(Exh. B(13)), 9-21-09; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   Inspections. The administrator or his designee shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the city and its extraterritorial jurisdiction at any reasonable hour for the purposes of inspection, determination of plan compliance, or other enforcement actions under this ordinance and state law, as authorized by G.S. 160D-403(e). Must have consent of the property owner or an administrative search warrant to inspect areas not open to the public.
2. B.
   Investigations. The administrator or his designee shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his 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 and inspecting the sites of any complaints or alleged violations of this ordinance.
3. C.
   Supporting documentation. The administrator or his designee shall have the power to require written statements, certificates, certifications, or the filing of reports with respect to pertinent questions relating to complaints or alleged violations of this ordinance.
4. D.
   Administrative search warrants. No person shall obstruct, hamper or interfere with the administrator while carrying out his or her official duties. If the owner or occupant of any property refuses to permit inspections or otherwise obstructs an investigation or other actions of the administrator in the performance of his or her duties, the administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20)

Effective on: 1/1/1901

1. A.
   Notify the owner or occupant of violation. When the administrator or his designee becomes aware of a violation of this ordinance, it shall be his duty to notify the property owner, applicant, and if different the occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.
2. B.
   Notice of violation. If the owner or occupant of the land, building, structure, sign, or use in violation fails to take prompt corrective action, the administrator or his designee shall give the owner or occupant written notice (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) of the following:

   1. 1.
      That the activity, land, building, structure, sign, or use is in violation of this ordinance;
   2. 2.
      The nature of the violation, and citation of the section(s) of this ordinance violated;
   3. 3.
      The measures necessary to remedy the violation; and
   4. 4.
      Mechanisms available to appeal the decision of the administrator.
3. C.
   Appeal. In accordance with G.S. 160D-405 and Section 16.4 of this ordinance, any owner or occupant who has received a notice of violation may appeal in writing the decision of the administrator or his designee to the board of adjustment. In the absence of an appeal, the decision of the administrator shall be final.
4. D.
   Notice of decision/notice of intent. The decision of the BOA and/or notice of intent may be delivered to the aggrieved party either by personal service or by registered mail, certified mail return receipt requested, and by posting notice conspicuously on the property. Such notice of decision and/or notice of intent shall inform the recipient of the timeframe within which compliance shall be required, and the remedies available to the city as provided by state law or by Section 18.4.
5. E.
   Failure to comply with notice of violation, notice of intent, and decision of the board of adjustment. 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 owner or occupant shall be subject to such remedies and penalties as may be provided for by state law or by Section 18.4.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901

Any or all of the following procedures may be used to enforce the provisions of this ordinance:

1. A.
   Injunction. Any violation of this ordinance or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceedings pursuant to state law.
2. B.
   Civil penalties. In accordance with G.S. 160D-404(c), any person who violates any provision of this ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 18.5.
3. C.
   Denial of permit, application or certificate. The administrator or his designee shall withhold or deny any permit, application, certificate, or other authorization on any land, building, structure, sign, or use 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. Furthermore, the administrator may request the Transylvania County Building Inspector withhold applicable building permits under North Carolina Building Code until any violation of this ordinance has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions.
4. D.
   Conditional permit or temporary certificate. The administrator or his designee may 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 bond approved by administrator.
5. E.
   Stop work orders. Whenever any land disturbing activity is commenced and/or a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, 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. Such action shall be in accordance with G.S. 160D-404(b) or the North Carolina Building Code. Furthermore, the administrator may request the Transylvania County Building Inspector issue a stop work order regarding applicable building permits issued under North Carolina Building Code until any violation of this ordinance has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions.
6. F.
   Revocation of permits or certificates. The administrator or his designee may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable state or local law may also be revoked. Furthermore, the administrator may request the Transylvania County Building Inspector revoke applicable building permits issued under North Carolina Building Code requirements until any violation of this ordinance has been remedied, including violations pertaining to the establishment of unapproved subdivisions or the transfer of lots in unapproved subdivisions. For revocation of development approval, must follow the same process as was used for the approval in accordance with G.S. 160D-403(f).
7. G.
   Discontinuance of essential services. In addition to penalties set forth in this chapter, the administrator or his designee may order the discontinuance of electricity, public sewer, and public water until such time as the administrator observes compliance with CITY CODE OF ORDINANCES. Such action shall not be taken when there is not a reasonable relationship between the Code Violation at hand and the services to be discontinued.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-48 , § 2(Exh. B), 11-15-21)

Effective on: 1/1/1901

1. A.
   Responsible parties. The owner or occupant of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this ordinance may be held responsible for the violation and subject to the civil penalties and remedies provided herein.
2. B.
   Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified in accordance with Section 18.3). If after receiving a notice of violation under 18.3, the owner or other violator fails to take corrective action, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the same manner as of a notice of violation. The citation shall state the nature of the violation, shall state 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 citation.
3. C.
   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.

Effective on: 1/1/1901

1. A.
   State and common law remedies. In addition to other enforcement provisions contained in this article, the city may exercise any and all enforcement powers granted to it by state law or common law.
2. B.
   Previous enforcement. Nothing in this ordinance shall prohibit the continuation of previous enforcement actions.

Effective on: 1/1/1901

1. A.
   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. B.
   Repeat violations. If an owner or occupant repeats the same violation within a five 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.
3. C.
   Penalties. Any person who violates any provision of this ordinance shall be subject to assessment of a civil penalty in the amount of:

   1. 1.
      $50.00 for the first violation;
   2. 2.
      $100.00 for the second violation;
   3. 3.
      $200.00 for the third violation; and
   4. 4.
      $500.00 for the fourth and each succeeding violation.
4. D.
   Demand for payment. The administrator or his designee shall make written demand for payment upon the owner or the person in violation and shall set forth in detail a description of the violation for which the civil penalty has been imposed.
5. E.
   Nonpayment. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter may be referred to legal counsel to institute a civil action for recovery of the civil penalty. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to G.S. 14-4.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-48 , § 2(Exh. B), 11-15-21)

Effective on: 1/1/1901

1. A.
   The disturbance of any landscaped area or vegetation required by this ordinance shall constitute a violation of the site or master plan. All disturbed landscaped areas and vegetation shall be replanted to meet the standards of this section as well as the approved site or master plan.
2. B.
   Where the vegetation that has been disturbed or damaged existed on the site at the time the development was approved, all replacement vegetation shall meet the standards set forth in this section taking into account any unique site conditions and significant vegetation remaining within the landscaped area. Trees or vegetation that die within one year of construction completion, because of contractor negligence, shall be removed and replaced with new vegetation of equal or greater in size.
3. C.
   Existing vegetation required to be preserved that has been damaged or destroyed during the course of development activity shall be subject to civil penalty and replaced in accordance with the requirements of this section.
4. D.
   A revegetation plan shall be submitted that takes into consideration the development condition of the site, significant vegetation remaining within landscaped areas, and the replacement plant materials. The administrator may require equal amounts of new vegetation to be installed equal to the size of the vegetation removed.
5. E.
   Replacement consists of one or a combination of any of the following measures:

   1. 1.
      Replant according to the requirements of this CHAPTER 8. A replanting plan denoting the proposed installation shall be submitted to the administrator for approval.
   2. 2.
      Replace damaged or destroyed significant vegetation in both perimeter and or interior landscaped areas with an equal amount of new vegetation according to the size of vegetation removed. Any tree with a caliper of at least 15 inches that is damaged or removed shall be replaced with one or more trees that have a caliper of at least two and one-half inches and a cumulative caliper equal to or greater than the original tree. Tress damaged or destroyed less than 15 inches in diameter shall be replaced to satisfy the performance criteria of this section. Understory plantings may also be required to restore the buffer performance criteria for the disturbed area. A revegetation plan denoting the proposed installation shall be submitted to the administrator for approval. This requirement may be modified up to ten percent by the administrator based upon site conditions.
   3. 3.
      For all other cases where existing vegetation is damaged or removed, the type and amount of replacement vegetation required shall be of the type and amount that is necessary to provide the type of landscaping required under this Section or interior preservation area identified on the landscape plan.
   4. 4.
      Replanting should be located within the vicinity of the violation, or other suitable locations at the discretion of the administrator.

(Ord. No. 2014-25, § 08(Exh. H), 12-15-14; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

Effective on: 1/1/1901