No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this article.

(Code 1977, § 9-4091.1)

(a)

The town manager shall appoint an administrative official to enforce the provisions of this article. The administrative official will keep records of all variances and amendments to this article. The assistance of such other persons may be provided as the town board may direct.

(b)

If the administrative official shall find that any of the provisions of this article are being violated, they shall notify in writing, the person responsible for such violations, indicating the nature of such violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violations of its provisions.

(Code 1977, § 9-4091.2)

(a)

No land shall be used or occupied and no building hereafter erected, structurally altered, or moved or its use changed until a certificate of zoning compliance shall be issued by the administrative official, except in conformity with the provisions of this article or except after written order from the board of adjustment.

(b)

A building permit cannot be issued by the building inspector, unless zoning compliance is certified.

(c)

A record of all certificates shall be kept on file in the office of the administrative official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved.

(d)

If the work described in any zoning compliance permit has not begun within 180 days from the date of issuance thereof, said permit shall expire. If after commencement, the work is discontinued for any period of 12 months or greater, the permit shall immediately expire and further work as described in the expired permit shall not proceed unless and until a new zoning compliance permit has been obtained.

(Code 1977, § 9-4091.3; Ord. No. 2014-2015:010 , 6-4-2015)

(a)

Each application for a certificate of zoning compliance shall be accompanied by two sets of plans drawn to an engineering scale no smaller than one inch equals 100 feet on standard sheet sizes of 8.5 inches × 11 inches, 8.5 inches × 14 inches, 11 inches × 17 inches or 18 inches × 24 inches, one of which shall be returned to the applicant upon approval. The applicant shall furnish an electronic or PDF copy of all site plan sheets larger than 8.5 inches × 14 inches. The plan shall show the following:

(1)

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;

(2)

The location of said lot with respect to adjacent rights-of-way;

(3)

The shape, dimensions, and location of all buildings, existing and proposed, on the said lot;

(4)

The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot;

(5)

The location and dimensions of off-street parking and loading space and the means of ingress and egress to such space;

(6)

For building construction, the percent of surface that will be built-upon;

(7)

Approximate location of town water and sewer lines, if said lot is adjacent to them; and

(8)

Any other information, which the administrative official may deem necessary for consideration in enforcing the provisions of this article.

(b)

A fee, set by the town board, shall be charged for the processing of such application. The adopted fee schedule shall be posted in the town clerk's office.

(Code 1977, § 9-4091.4; Ord. No. 2015-2016:003 , § 3, 7-2-2015)

(a)

Any lot within the municipal limits not connected to the town water and sewer service shall be required to connect the principal structure of said lot to the town water and sewer system before a certificate of zoning compliance will be issued, unless the applicant has applied for such services in writing, and the town has, within 30 days of the receipt of such written request for services, not given a written commitment to the applicant to have such services to the lot within 180 days of the original application.

(b)

A fee, set by the town board, shall be charged to the applicant for connecting to the town system. The adopted connection fee schedule shall be posted in the town clerk's office.

(Code 1977, § 9-4091.5)

(a)

The administrative official may issue a temporary certificate of zoning compliance for rallies, carnivals, religious revivals, and similar temporary uses. Such certificates shall be issued for a fixed period of time, but not to exceed 15 days, shall be subject to such limitations as the administrative official may impose to protect the character of the district affected, and may be considered for reapplication. A fee set by the town board shall be charged for the processing of such application. The adopted fee schedule shall be posted in the town clerk's office.

(b)

Mobile produce stands are permissible as a temporary, four days or less a week, use on parcels in the following zoning districts:

(1)

CB (Central Business),

(2)

B-1 (Neighborhood Business),

(3)

B-2 (Highway Business), and

(4)

M-1(Industrial)

The administrative official shall issue a temporary certificate of zoning compliance for mobile produce stands not associated with section 36-582(a) above.

(1)

Lot shall have an existing fully permitted business.

(2)

Vendor shall have written permission from property owner and business owner.

(3)

All parking shall be off-street.

(4)

Shall have reasonable ingress, egress and on-site vehicular travel.

(5)

Maximum of one sign with a maximum sign area of 36 square feet.

A fee for temporary mobile produce stand zoning compliance, set by the town board, shall be charged for the processing of the application. The adopted fee schedule shall be posted in the town clerk's office.

(c)

Exception not requiring zoning compliance certification: temporary on-premises produce stands are permissible in all residential districts per the following:

(1)

No zoning permit required.

(2)

All associated methods of display (tables, carts, wagons, etc.) are easily removable and not permanent in any way.

(3)

All parking shall be accommodated off-street.

(4)

Shall have reasonable ingress, egress and on-site vehicular travel.

(5)

Maximum of one sign with a maximum sign area of 36 square feet.

(6)

Permissible only during the "season".

(Code 1977, § 9-4091.6; Ord. No. ZT-2013-003 , § 4(9-4091.6), 9-5-2013)

If the certificate of zoning compliance is denied, the applicant may appeal the action of the administrative official to the board of adjustment; and that from the decision of the board of adjustment, recourse shall be had to courts as provided by law. It is further the intention of this article that the duties of the town board in connection with the ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in the ordinance, and that the duties of the town board in connection with this article shall be only the duty of considering and passing upon any proposed conditional use, amendment, or repeal of the ordinance as provided by law.

(Code 1977, § 9-4091.7)

The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this article.

(1)

Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation.

a.

Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of $100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court.

b.

Citation content. A citation issued for a violation of this article shall, among other things:

1.

State upon its face the amount of the penalty for the specific violation if the penalty is paid within 15 days from and after issuance of the citation;

2.

Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court;

3.

Further provide that the offender may answer the citation by mailing the citation and the stated penalty to Post Office Box 459, Erwin, North Carolina, 28339, or may pay the amount in person at the town; and/or

4.

It shall further state that a citation which follows the original notice of violation may be appealed to the board of adjustment.

c.

Settlement of civil claims. The town is authorized to accept payment in full and final settlement of the claims, rights or rights of action which the town may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.

(2)

Criminal prosecution. Violations of this article shall constitute a misdemeanor or infraction penalty and are punishable as provided in G.S. 14-4(b) and the maximum fine, term of imprisonment or infraction penalty allowed by law.

(3)

Injunction. Enforcement may also be achieved by injunction. When a violation occurs the town may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.

(4)

Order of abatement.

a.

The town may apply for and the court may enter an order of abatement. An order of abatement may direct:

1.

The buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other moveable property be removed;

2.

That improvements or repairs be made; or

3.

That any other action be taken that is necessary to bring property into compliance with this article.

b.

Whenever the party is cited for contempt by the court and the town has executed the order of abatement, the town shall have a lien, in the nature of a mechanic's and material man's, on the property for the cost of executing the order of abatement.

(Code 1977, § 9-4091.8; Ord. of 3-7-2013)

Any person aggrieved by the notice of violation has 30 days to appeal the action of the administrator to the board of adjustment. Beyond the decision of the board of adjustment, recourse shall be to the courts as provided by law, pursuant to G.S. 160D-405.

(Code 1977, § 9-4091.9; Res. No. 2021-2022-001 , 7-1-2021)

When a violation of this article occurs or is alleged to have occurred, a person shall file a written complaint with the administrative official and shall state fully the cause and basis thereof. The administrative official shall record properly such complaint, investigate within ten days, and take action as provided in these regulations.

(Code 1977, § 9-4091.10)

The administrative official, through the town inspections department, shall cancel a building or occupancy permit when the method of construction or use violates any provisions contained in these regulations.

(Code 1977, § 9-4091.11)