Whenever the administrator receives a written, signed complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(a)

If the administrator shall find that a building or development is in violation of the provisions of this chapter, the administrator shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the administrator finds there is imminent danger to life or other property, the administrator may order that corrective action be taken in such lesser period as may be feasible. Such an order may require the owner of the building or property to alter, vacate, or demolish the building; or to remove fill as applicable.

(d)

Any owner who has received an order to take corrective action by the administrator may appeal the order to the board of adjustment by giving notice of appeal in writing to the administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the administrator shall be final. The board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(c)

Failure to comply with order: If the owner of a building or property fails to comply with an order issued by the administrator to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of section 12-94.

(Amd. of 2-5-08; Amd. of 4-1-08, § 27)

(a)

Penalties. Any person who violates any provisions of this chapter shall be subject to assessment of the maximum civil penalty allowed by law.

(b)

Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional use permits, shall also subject the offender to the following civil penalties:

First citation .....$50.00

Second citation .....$100.00

Third and subsequent citations .....$500.00

(c)

This chapter may also be enforced by an appropriate equitable action.

(d)

Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(e)

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

(f)

Building permits required pursuant to G.S. § 160D-403 may be denied for lots that have been illegally subdivided. In addition to other remedies, the county may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct or abate the violation, or to prevent any illegal act or conduct.

(Amd. of 2-5-08; Amd. of 4-1-08, § 28; Ord. of 9-6-11; Ord. of 6-1-21(1))

State Law reference— Violation of local ordinances misdemeanor, G.S. § 14-4.

(a)

A zoning, sign, or special use permit may be revoked, by the administrator (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing authority.

(b)

Before a special use permit may be revoked, all of the notice and hearing and other requirements of article VII shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(c)

Before a permit may be revoked, the administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to appeal to the board of adjustment on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore.

(d)

No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special use permit after such permit has been revoked in accordance with this section.

(Amd. of 2-05-08; Amd. of 4-1-08, § 29; Ord. of 9-6-11)