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.
   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