This Ordinance shall be enforceable in accordance with provisions available in the General Statutes of North Carolina, particularly Chapter 160D -404, Article 4 and other sections of the chapter and any special local legislation enacted by the General Assembly for the Town of Dobson.

(A)

Violation. It is unlawful and a violation of this Ordinance to establish, create, expand, alter, occupy or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Building Permits, Zoning Permits, Certificates of Occupancy, variances, development plans, planting plans, site plans, sign plans, and conditions of such permits, certificates, variances and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance.

Each day of a violation is a separate and distinct violation.

(B)

Violator. Violators include any person who owns, leases, occupies, manages, designs or builds any structure or land development activity in violation of this Ordinance and any person who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator.

(C)

Complaints Regarding Violations. When a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written or verbal complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the Zoning Administrator, or his authorized agent. An investigation shall be made within ten (10) days. Actions as provided in these regulations shall be taken.

When a violation is discovered and is not remedied through informal means, written Notice of the Violation shall be given. This notice shall be delivered by hand delivery, email or certified mail to the violator's last known address and as needed posting the notice at the property in violation.

The notice shall include the following:

(1)

A description of the violation and its location,

(2)

The measures necessary to correct it,

(3)

The possibility of civil penalties and judicial enforcement action,

(4)

Notice of right to appeal, and

(5)

The time period allowed, if any, to correct the violation, which time period may vary depending on the nature of the violation and knowledge of the violator.

This notice is an administrative determination subject to appeal as provided below. The person providing notice of the violation shall certify to the Town of Dobson that the notice was provided.

(D)

Appeal to the Board of Adjustment. A violator who has received a Notice of Violation may appeal the determination that a violation has occurred to the Board of Adjustment by making a written request and paying the appropriate fee within 30 days of receipt of the Notice of Violation. Citations that follow the original Notice of Violation may not be appealed to the Board. The Board shall hear the appeal and may affirm, or reverse, wholly or partly, or may modify the determination of the violation. If there is no appeal, the determination of the Zoning Administrator is final.

(E)

Failure to Comply with Notice or Board of Adjustment Decision. If the violator does not comply with a Notice of Violation, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance.

(F)

Pause in Enforcement During Appeal. If appeals are made to an administrative decision, the fees and enforcement actions must be paused during the appeal process.

(A)

Civil Penalties. A violation of this Ordinance will subject offender to a civil penalty that will be enforced through the issuance of citations by the Zoning Enforcement Officer. The Town may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within 15 days. In addition, failure to pay the civil penalty within 15 days may subject the offender to criminal charges.

The following civil penalties are established for violations under this section:

Each day such violation continues, however, shall be a separate and distinct offense, punishable as herein before provided.
These civil penalties are in addition to any other penalties that may be imposed by a court of law from violation of the provisions of this Ordinance.

(B)

Injunctions and Orders of Abatement. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is occupied or used in violation of the General Statutes of North Carolina, this Ordinance, or other regulation made under authority conferred thereby, The Town may apply to the District Court, Civil Division, or any other court of competent jurisdiction, for a mandatory or prohibitory injunction and Order of Abatement commanding the defendant to correct the unlawful condition upon, or cease the unlawful use of the property.

In addition to an injunction, the court may enter an Order of Abatement as a part of the judgment in the case. An Order of Abatement may direct that buildings or other structures on the property be closed, and demolished, or removed; that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance. If the defendant fails or refuses to comply with an injunction or with an Order of Abatement within the time allowed by the court, he may be cited for contempt and the Town may execute the Order of Abatement. The Town shall have a lien on the property for the cost of executing an Order of Abatement.

The Town of Dobson may apply to the District Court, Civil Division or other court of competent jurisdiction for an appropriate equitable remedy. It shall not be a defense to the Town's application for equitable relief that there is an adequate remedy at law.

The Town may choose to enforce this Ordinance by any one, all, or combination of the above procedures.

The Environmental Management Commission may take any appropriate preventive or remedial enforcement action authorized under G.S. 143-214.5 against any person who violates any minimum statewide water supply watershed management requirement.