The zoning administrator, as assigned by the city manager, is hereby authorized to enforce the provisions of this chapter. Appeal from any decision of the zoning administrator shall be made to the board of adjustment.

(Ord. No. O2010-13, 10-12-10)

(a)

No building, sign or other structure shall be erected, added to, relocated, or structurally altered on any lot in the city, and no building shall be moved onto any lot in the city, until a permit to do so has been issued by the chief building inspector or his designee. No permit shall be issued, except for proposed building erection, addition, relocation, or alteration which conforms with the provisions of this chapter, until written order by the board of adjustment has been given to do so.

(b)

No erection, relocation, or structural alteration of a building and no addition to a building for which a building permit has been issued shall be used or occupied until a certificate of occupancy shall have been issued by the zoning administrator or his designee, stating that the building or part thereof complies with the provisions of this chapter.

(Ord. No. O2010-13, 10-12-10)

An application for a building permit and certificate of occupancy shall be filed on a form provided by the zoning administrator and shall include the following:

(1)

Plans. Each application for a building permit and certificate of occupancy shall be accompanied by complete plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing, the lines within which the proposed buildings shall be erected or altered, the number of families or housekeeping units the building is designed to accommodate, the location and number of parking spaces provided, and the height of buildings and structures and such other information with regard to the lot and neighboring lots as may be necessary to determine compliance with the provisions of this chapter.

(2)

Statement of intended use. Each application for a building permit and certificate of occupancy shall be accompanied by a statement of its intended use, signed by the applicant.

(Ord. No. O2010-13, 10-12-10)

When the chief building inspector and the zoning administrator are satisfied that all proposed erections, additions, relocations, or structural alterations comply with the provisions of this chapter, a building permit shall be issued. One (1) copy shall be given to the applicant, and one (1) copy shall be retained in the records of the chief building inspector. One (1) copy of the applicant's plans, certified as complying with the provisions of this chapter, shall be returned to the applicant. One (1) copy, also so certified, shall be retained in the records of the chief building inspector. Upon completion of such erections, additions, relocations, or structural alterations and within ten (10) days of completion, if the chief building inspector and the zoning administrator are satisfied that all work has been completed in accordance with the approved plan or otherwise complied with all provisions of this chapter, a certificate of occupancy shall be issued. One (1) copy shall be given to the applicant, and one (1) copy shall be retained in the records of the chief building inspector. All such records of the chief building inspector shall be a public record, any portion of which or copies thereof shall be presented to public view upon request.

(Ord. No. O2010-13, 10-12-10)

(a)

Certificates of occupancy for temporary uses as permitted in section 22-370 shall stipulate the period of time for which such occupancy shall be permitted.

(b)

A temporary zoning compliance certificate permit for partial occupancy of a building may be issued by the chief building inspector or zoning administrator for a period not exceeding six (6) months during alterations or construction pending its completion, or for bazaars, carnivals, and revivals, provided that such temporary certificate shall require such conditions and safeguards as will protect the safety of the occupants and the public.

(Ord. No. O2010-13, 10-12-10)

A zoning compliance permit must be secured from the zoning administrator before a class A, manufactured home may be placed on a lot. A building permit must also be secured. The building permit shall state all applicable conditions and requirements and state that any violations will be subject to appropriate enforcement action. Once installation and construction is complete and necessary inspections have been performed, and before occupancy and use, a certificate of occupancy must be secured. The certificate shall state that the property owner is responsible for assuring that all applicable conditions and requirements continue to be satisfied, and that appropriate enforcement action will be taken if violations occur. These permits shall be in addition to all other necessary permits.

(Ord. No. O2010-13, 10-12-10)

The zoning administrator shall maintain a record of all zoning compliance certificates, and copies shall be furnished upon request to any responsible and interested persons.

(Ord. No. O2010-13, 10-12-10)

(a)

Civil remedies.

(1)

Injunction and order 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 state statutes, this section, or other regulation made under authority conferred thereby, the city (or any adjacent, nearby, or neighboring property owners who would be affected by such violations), in addition to other remedies, may apply to the district court, superior court civil division, or any other court of competent jurisdiction, at the discretion of the city 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 on the property to be closed, 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 section. 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 city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement.

(2)

Civil citation. Pursuant to G.S. 160A-175, the regulations and standards of this section may be enforced through the issuance of civil citation penalties by the zoning enforcement officer if it is determined that a person has failed to comply with the provisions of this section. Violations shall be corrected within ten (10) days of the issuance of a warning citation. If the violation is not corrected within the specified time period, a citation subject to a civil penalty shall be issued. The city may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within seventy-two (72) hours after being cited for a violation. In addition, failure to pay the civil penalty within seventy-two (72) hours shall subject the violator to a twenty-five dollar ($25.00) per day late charge.

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

Subsequent citations for the same violation may be issued by the zoning enforcement officer once the initial warning citation has expired. Each day which the violation continues upon the issuance of the fourth citation may subject the violator to additional citations. The violator may seek an appeal to the actions of the zoning enforcement officer through the board of adjustment within thirty (30) days of the initial notice of violation, which shall be the warning citation.

If the zoning enforcement officer notifies a party of a violation and that violation is remedied but subsequently reestablished within a period of one hundred eighty (180) days thereafter, a warning citation shall not be reissued. Rather, this shall be considered a continuation of the violation and the zoning administrator shall have the ability to immediately issue citations with monetary penalties as if the cessation had never occurred.

(b)

Equitable relief. The city may apply to the district court or superior court, civil division or other court of competent jurisdiction at the discretion of the city for an appropriate equitable remedy. It shall not be a defense to the city's application for equitable relief that there is an adequate remedy at law.

(c)

Criminal penalties. Any person violating any provisions of this section, or who shall violate or fail to comply with any order made thereunder; or who shall continue to work upon any structure after having received written notice from the zoning enforcement officer to cease work, shall be guilty of a misdemeanor and punishable by a fine not to exceed fifty dollars ($50.00). Each day such violation shall be permitted to exist shall constitute a separate offense. Notice of violation shall be sufficient if directed to such owner, the agent of the owner, or the contractor and left at his known place of residence or place of business.

(d)

Enforcement.

(1)

Enforcement authority. This section shall be enforceable in accordance with provisions available in G.S. 160A-175, which are incorporated herein by reference.

(2)

Combination of remedies. The city may choose to enforce this section by any one, all, or combination of the above procedures.

(3)

Costs. All costs and expenses incurred by the city in enforcing this section, including but not limited to reasonable attorney's fees shall be assessed to the party to whom the civil citation is issued.

(Ord. No. O2007-13, 9-6-07)

Editor's note— Ord. No. O2007-13, adopted September 6, 2007, enacted provisions intended for use as §§ 22-531 and 22-532. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (c) and (d).