(A)   Building Inspector. The Building Inspector is hereby authorized, and it shall be his duty, to enforce the provisions of this chapter.

   (B)   Building permits. No building, structure or sign or any part thereof shall be erected, added to or structurally altered, nor shall any excavation for such building or structure be commenced until a building permit therefore has been issued by the Building Inspector.

   (C)   Certificate of occupancy.

      (1)   It shall be unlawful to use or permit the use, except for agricultural purposes, of any land, building or structure or part thereof, hereafter created, erected, changed, converted. altered or enlarged, wholly or in part, in its use of structure until a certificate of occupancy shall have been issued by the Building Inspector stating that the building or structure and/or the proposed use complies with the provisions of this chapter. A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building or structure has been completed in conformance with the provisions of this chapter.

      (2)   If at any time compliance with the provisions of this chapter cease, any certificate of occupancy which shall have been issued for the use of the property shall immediately become void and of no effect. A record of all certificates shall be kept on file in the office of the Building Inspector.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972)

   Nothing contained herein shall require any change in the plans, construction size or designated use of any building, structure or part thereof for which a building permit had been granted by the Building Inspector before or an amendment thereto; provided, however, that when construction is not begun under such outstanding permit within a period of 90 days subsequent to or an amendment thereto or where it has not been prosecuted to completion within 18 months subsequent to any further construction or use shall be in conformance with the provisions of this chapter.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972)

   In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience. prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces that are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall govern.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11-1972; Am. Ord. passed 7-3-1972)

   (A)   The Board of Aldermen may from time to time on its own motion or on petition after legislative notice and hearing as provided by law, amend, supplement change, modify, or repeal the boundaries or regulations herein or subsequently established after submitting the same to the Town Planning Board for its recommendations and report.

   (B)   In addition to the public notice required by law, the Town Planning Board shall cause to be erected on the property, with regard to which any petition is filed to have the provisions of this chapter amended, supplemented, changed or modified, a sign of at least one foot by two feet in size giving notice that it is attached a copy of the notice required by law to be posted or advertised, which sign shall be so maintained on said property for at least 15 days prior to the date of the required public hearing.

   (C)   Every petition to have the provisions of this chapter amended, supplemented changed, or modified as to any property shall be submitted on forms prepared by the town and shall be accompanied by a payment in the amount as set forth in the current fee schedule, to be used by the city toward defraying the advertising costs and other expenses in connection with such petition.

   (D)   (1)   In any case where a petition for a change in zoning classification has been denied by the Board of Aldermen after a public hearing, any new petition can be submitted directly after the date of such decision by the Board of Aldermen.

      (2)   In any case where a petition for a change in zoning classification receives an unfavorable recommendation from the Town Planning Board after a public hearing and the petition either withdraws his or her application or fails to prosecute it before the Board of Aldermen within a period of 60 days thereafter any new petition for any change in zoning classification of the same property or any part thereof can be filed immediately following the withdrawal of the petition or the expiration of the time limit for prosecuting such petition before the Board of Aldermen.

   (E)   Zoning Map amendments that would result in a third-party down-zoning are not permitted in accordance with G.S. Ch. 160D-601. However, down-zonings initiated by the Town or landowner are permissible.

(Ord. passed 11-3-1970; Am. Ord. passed 1-11- 1972; Am. Ord. passed 7-3-1972; Am. Ord. passed 1-10-2017; Am. Ord. passed - -; Am. Ord. passed 12-9-2025)

   (A)   This chapter may be enforced by any means or any remedy provided for in G.S. 160A-175 and 160D-404(c) unless otherwise expressly prohibited in this section. In addition, the Town may seek a mandatory or prohibitory injunction and an order of abatement commanding the responsible person(s) to correct the unlawful condition or cease the unlawful use of the subject premises. Penalties are cumulative, and the Town may pursue any or all of the same either individually or simultaneously at its discretion.

   (B)   For the purposes of this chapter, responsible person(s) shall include but not be limited to:

      (1)   An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to take appropriate action, so that a violation of this chapter results or persists.

      (2)   The owner of the land on which the violation occurs, any tenant or occupant of the property, any person, entity, agency, or association who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development of the property.

   (C)   Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this chapter, is unlawful and shall constitute a violation of this division.

      (1)   Any person, firm or corporation violating any of the provisions of this section, including both property owner and/or tenant, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty as follows after the given time to correct expires, or after the first ten calendar days following the notice of violation where not otherwise specified.

         (a)   Any violation occurring once within a 12-month period shall be considered a first offense, and the violator shall be subject to a civil penalty of $100 for each day that the violation remains on the property.

         (b)   Any violation reoccurring on the same property by the same violator more than once within a 24-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this chapter. A notice of violation shall be issued by the Administrator and shall have an immediate civil penalty of $300.

      (2)    Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in division (a), shall constitute a separate offense once the time to correct has expired.

      (3)   The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a final invoice is mailed.

      (4)   This chapter may also be enforced by any appropriate equitable action, including but not limited to injunctions or orders of abatement.

      (5)   The town may enforce this chapter by any one or any combination of the foregoing remedies.

      (1)   The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

      (2)   As long as a violation of this division continues and remains uncorrected, the town may deny any request for permit or development approval or authorization provided for by this division or the zoning ordinance for the land on which the violation occurs.

      (3)   The stormwater administrator, with the written authorization of the town manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this division. Any person violating this division shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.

      (4)   If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the stormwater administrator, with the written authorization of the city manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.

      (5)   The stormwater administrator may issue a stop work order to the person(s) violating this division. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.

      (8)   The remedies and penalties provided for violations of this division shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

      (1)   Upon discovery of a violation posing an immediate and serious threat to public life, health or safety, the fire official may issue a citation to the violator with no prior warning or notice to the violator.

      (2)   If a violation is not deemed to pose an immediate threat to public life, health or safety, a written notice of violation shall be personally delivered or sent by United States certified mail to the violator. Such notice shall set forth the nature of the violation, direct that such violation be corrected within a specified period of time, not to exceed ten days, and inform the violator of the consequences of the failure to comply. The penalties and remedies provided herein may not be invoked until after the compliance period has expired.

      (3)   Each day's continuing violation after the compliance period has expired shall constitute a separate and distinct offense.

      (4)   Upon expiration of the compliance period, the fire official may issue a civil citation to the violator. If the violator fails to pay the penalty within ten calendar days after being cited for a violation, the penalty may be recovered by the city in a civil action in the nature of a debt.

      (5)   Notwithstanding division (a) above, the provisions of this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.

      (1)   Whenever the Administrator has reason to believe that a person is violating any of the provisions of this chapter or any plan, order, or condition that has been approved, issued, or imposed pursuant to this chapter, the Administrator shall provide a written notice by hand, email, or first-class mail to the person responsible for the violation.

      (2)   Except as provided above, no penalty shall be assessed pursuant to this chapter unless and until the person alleged to be in violation has been notified of the violation in accordance with this chapter, with the exception of violation of a stop work order or illegal placement of a sign in a public street right-of-way. In the case of stop work orders, violations shall be subject the violator to immediate imposition of a penalty. In the case of a sign illegally placed in a public street right-of-way, the Administrator shall be authorized to remove such sign immediately without notice.

      (3)   The notice of violation shall describe the violation, shall identify the provision(s) of this chapter that are alleged as having been violated, shall specify what actions must be taken to correct the violation, shall direct the person to correct the violation within a specified period of time, and shall warn that more severe measures may be brought against the person if he fails to take appropriate and timely actions to cure or correct the violation. The notice shall also state that the alleged violator or property owner shall have a period of up to 15 days from the date the notice was received to either correct the situation or appeal the Administrator's decision to the Board of Adjustment. Depending on the nature of the violation, the Administrator may grant one or more extension of time to cure or correct said violation. Such extension of time shall not be granted unless the alleged violator or property owner can demonstrate to the Administrator that the violation cannot be cured or corrected within the time period specified in the notice of violation due to extraordinary circumstances or to circumstances beyond the control of the alleged violator or property owner.

      (4)   If the violation is corrected or cured within the time period specified by the Administrator, the city shall take no further action against the alleged violator.

      (5)   The Administrator may deny or withhold all permits, certificates, or other form of authorization to use or develop any land, structure, or improvement until an alleged violation and, where applicable, associated civil penalty associated with that violation are properly corrected and/or addressed. A permit shall be revoked using the same development review and approval process that was required for issuance of the development approval. This provision shall apply whether or not the current owner applicant for the permit or other approval is responsible for the violation.

      (6)   Any development permit, certificate or other form of authorization required under this chapter may be revoked by the Administrator if it is determined that:

         (a)   There is a departure from the approved plans, specifications, or conditions as required under such permit.

         (b)   The development permits was procured by false representation.

         (c)   The development permit was issued in error.

         (d)   There is a violation of any provision of this chapter as it relates to such permit.

      (7)   The Administrator shall serve written notice of such revocation upon the alleged violator or property owner.

   (G)   Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to G.S. § 14-4.