All complaints of violations of the UDC may be submitted in writing to the appropriate administrator and shall state the location and the nature of the alleged violation. Upon receipt, the alleged violation shall be investigated and appropriate action taken.

(Code No. 1965, App. A., Art. 14; Ord. No. 1747, 6-29-70; Code 1991, §160.198; Ord. No. 4100, §2 (Ex. A.), 6-16-98)

(A)

Tree Preservation and Protection. The Landscape Administrator shall have the right to inspect the sites within the city involving tree preservation plans, tree preservation in rights-of-way and public grounds, significant trees that constitute a hazard or a threat, and trees involving variance requests, or as otherwise required under the Code of Fayetteville.

(B)

Physical Alteration of Land. In applying for a grading permit, the applicant shall be deemed to have consented to an inspection to determine whether construction is proceeding according to the grading plan.

(C)

Manufactured homes. The Health Officer shall have the power to enter at reasonable times upon any manufactured home park for the purpose of inspecting and investigating conditions relating to the enforcement of Chapter 175, or of regulations promulgated thereunder.

(D)

Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection.

(E)

Post Construction Stormwater Management and Drainage. In applying for a grading and drainage permit, the applicant shall be deemed to have consented to the verification of "as built" stormwater features as well as routine inspection of features within the public right-of-way or with drainage easements.

(Code 1965, §13B-6; Ord. No. 1859, 3-20-72; Code 1991, §§156.071(B), 161.14, 162.08; Ord. No. 3551, 6-4-91; Ord. No. 3699, §8, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 4100, §2 (Ex. A.), 6-16-98; Ord. No. 6446, §3, 6-15-21)

(A)

Owner of Record. The owner of record of any real property or appurtenance thereto, who participates in, assists, directs, creates, or maintains any situation in violation of the UDC may be held liable for the penalties or remedies ascribed herein.

(B)

Others. Tenants, occupants, architects, builders, contractors, agents or other persons, who participate in, assist, direct, create, or maintain any situation in violation of the UDC may be held liable for the penalties or remedies ascribed herein.

(Ord. No. 4100, §2 (Ex. A), 6-16-98)

(A)

Content. When an owner or other person participates in, assists, directs, creates, or maintains any situation in violation of the UDC, a notice of violation shall immediately be issued to the person liable and shall contain the following:

(1)

The name of person liable (owner of record or others).

(2)

The street address, when available, or a description of the building, structure, or land where the violation is occurring.

(3)

A statement specifying the nature of the violation.

(4)

A description of the remedial actions necessary to bring the development activity into compliance with the UDC, and a time schedule for the completion of such remedial actions.

(5)

A statement of the penalty, or penalties that shall or may be assessed against the person(s) to whom the notice is directed.

(6)

A statement that an appeal may be filed.

(B)

Service. The violation notice shall be served either personally or by certified mail, postage prepaid, return receipt requested.

(Code 1965, §17B-7(a); Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §§158.34, 163.12; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)

If a violation exists that poses a danger to the public health, safety, or welfare, or which requires immediate action to prevent irreparable damage, the city may invoke any of the penalties, remedies, revocation of permits or stop work orders as authorized by the UDC without service of a written notice.

(Code 1991, §163.12 (A); Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)

(A)

Remedial Work.

(1)

General. When a violation notice has been served, remedial work shall begin, as directed, within forty-eight (48) hours.

(2)

Signs. When a violation notice has been issued, the sign shall be removed within 30 days.

(B)

Lien. If remedial work is not undertaken and completed as described in the violation notice, within the prescribed time period, the city is hereby authorized to enter upon the property and take necessary actions to correct or remove the conditions described in the notice. The costs of correcting said condition shall be charged to the owner, and the city shall have a lien against such property for such costs.

(C)

Permit Revocation. If remedial work is not undertaken as directed by the violation notice, any or all development related permits may be revoked.

(Ord. No. 4100, §2 (Ex. A), 6-16-98)

(A)

Remedial Work.

(1)

A stop work order may be issued if remedial work is not being undertaken.

(2)

When the city has performed remedial work, a stop work order shall be issued and shall remain in effect until payment has been received for the work performed.

(B)

Failure to Obtain Permit or Plan. A stop work order may be issued for all work being performed without required permits or plans.

(C)

Noncompliance/Tree Preservation Plan. The Landscape Administrator may issue a stop work order directing the parties involved to cease and desist all work which does not comply with the tree preservation plan.

(D)

Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan.

(E)

Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited previously.

(Code 1991, §§161.20(A), (B), 163.12(A)(2); Ord. No. 3551, 6-4-91; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 6446, §4, 6-15-21)

(A)

Garage Sale Signs. Any signs not removed the following day or located in the public right-of-way may be removed by the city staff and for any such removal; a collection fee of up to $25.00 per sign shall be imposed.

(B)

Occupancy Without Certificate of Occupancy. The Building Official shall have the right, after notice is given, to disconnect the water service to a building, if occupied before a certificate of occupancy is issued or if all law, ordinances, and code violations are not remedied and inspected as approved.

(C)

Noncompliance with Tree Preservation and Protection Standards, Specifications and Guidelines. Noncompliance with the standards, specifications and guidelines outlined herein, as well as those set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual, shall result in the following actions being taken:

(1)

First Violation. Warning issued and repeat educational workshop.

(2)

Second Violation. Suspension of certificate for thirty (30) days.

(3)

Third Violation. Revocation of certificate.

Should a violation result in the revocation of an individual's certificate, such individual shall have the right to reapply for a commercial tree pruner/service certificate after thirty (30) days. Attendance at the educational workshop is required prior to reissue of such certificate.

(D)

Subdivision Regulations. In order to carry out the purposes of these regulations and to assure an orderly program of development after the effective date of these regulations:

(1)

Plat Not Accepted for Filing. No plat of any tract of land within the planning area jurisdiction of the Planning Commission shall be accepted by the County Recorder for filing unless the plat has been approved by the Planning Commission.

(2)

No Metes and Bounds Conveyance. No conveyance by metes and bounds of tracts coming under the definition of subdivision without compliance with the applicable provisions of §166, or amendments thereto, shall be permitted. This provision is aimed at preventing any attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat.

(3)

No Dedication of Streets. No dedication of streets shall be accepted by the city unless the use of the adjoining affected land is shown. If the purpose of opening the street is to make the affected land available for sale as a subdivision, the street may not be accepted until accompanied by the required plat.

(4)

No Building Permit. No building permit shall be issued for construction of any building, no person, firm, or corporation shall sell or offer for any lot, no water, sewer, gas, or electric service shall be extended to serve any structure on any lot, nor shall any land be accepted for dedication by the County Recorder unless:

(a)

The lot, building, or structure was established before July 6, 1970.

(b)

The lot is part of a subdivision approved by the Planning Commission.

(c)

A variance has been granted under the provisions of Chapter 156.

(E)

Sexually Oriented Business. A person who operates or causes to be operated a sexually oriented business in violation of §163.12 will be subject to a suit for injunction as well as prosecution for criminal violations.

(F)

Manufactured Homes and Manufactured Home Parks.

(1)

Inspection/Notice. Whenever, upon inspection of any manufactured home park, the enforcement officer finds that conditions or practices exist which are in violation of any provision of Chapter 175, the enforcement officer shall give notice in accordance with Chapter 157. At the end of the specified period, the enforcement officer shall reinspect such manufactured home park, and if such conditions or practices have not been corrected, he shall suspend the applicable permit or permits and give notice to the person to whom the permit is issued. Upon receipt of notice of suspension, regardless of whether a building permit or an operator's permit may be involved, the operator of such manufactured home park shall cease operation of such park.

(2)

Emergency Order.

(a)

When the Health Officer finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice of hearing, request the enforcement officer to issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of Chapter 175, such order shall be effective immediately.

(b)

Any person to whom such an order is directed shall comply therewith immediately.

(G)

Signs.

(1)

Removal of Nonconforming, Dilapidated or Dangerous Signs.

(a)

If the Zoning and Development Administrator shall find that any sign or the sign supporting structure is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or is being maintained in violation of the provisions of Chapter 174 or other provisions of the Unified Development Code, the Administrator shall give written notice of the violation or problem to the sign permittee or owner of the property on which the sign is located. The notice shall require removal of the sign and/or structure within seven (7) days. If the permittee or owner fails to remove or alter the sign or sign supporting structure so as to comply with the standards set forth in Chapter 174 within seven (7) days of the receipt of said notice, the city may remove or alter such sign or sign supporting structure to comply with the Unified Development Code. All expense incidental to such removal or alteration shall be charged to the owner of the property upon which the sign is or was located and shall constitute a lien upon the property.

(2)

Summary Removal of Signs and sign Supporting Structures Which Constitute an Immediate and Substantial Peril.

(a)

The Zoning and Development Administrator may cause any sign or sign supporting structure which is an immediate and substantial peril to persons or property to be removed summarily without notice. Such signs or other sign supporting structures are hereby declared to be a public nuisance. When any sign or sign supporting structure is removed summarily without notice, the owner or lessee thereof shall have the right to be heard at the post-seizure administrative hearing before the Planning Commission to determine whether there was probable cause to remove the sign summarily.

(b)

The Planning Commission may affirm the Zoning and Development Administrator's decision and place a lien upon the property for the city's expense in removing the sign and/or structure or it may order the city to replace the sign and/or structure at the city's expense if it determines that there was no substantial and immediate peril justifying summary removal of the sign or sign structure.

(3)

Removal of Sign After Business Cessation for Sixty (60) days.

(a)

If a property owner fails to remove the sign and/or nonconforming sign supporting structure of the business that has ceased operation for a period of time in excess of sixty (60) days, the Zoning and Development Administrator shall issue a written notice to the sign permittee and to the property owner, which notice shall state that such sign and/or nonconforming sign supporting structure must be removed within seven (7) days. If the sign permittee owner or property owner fails to comply with such written notice to remove, the Zoning and Development Administrator is hereby authorized to cause removal of such sign and/or nonconforming sign supporting structure, and any expense incidental to such removal shall be charged to the owner of the property upon which the sign and/or nonconforming sign supporting structure is located and shall constitute a lien upon the property.

(H)

Sidewalks. If the owner of any property shall fail, or refuse to comply with the provisions of §171.12, the city may contract with some suitable person for the construction, reconstruction, or repair of such sidewalk, on the best terms that can be made, after giving reasonable notice to such owner or the agent in charge of said property of an intention to do so, and the city may pay said person for said construction, reconstruction, or repairing the same. The amount so paid by the city, together with 6% penalty added thereto, shall constitute a charge against the owner of said property and shall be a lien of said property from the date of the commencement of said work.

(I)

Zoning. Noncompliance with the provisions of Chapters 160 through 161 shall result in the following actions being taken:

(1)

Notification. A notice of violation shall be made in accordance to §153.04 Notice of Violation.

(2)

Prosecutor's Office. Should noncompliance continue after initial notification, the Zoning and Development Administrator shall forward the violation to the Prosecutor's Office for further action.

(Code 1965, §§13A-42, 17B-4(c), 17B-7(a), App. C., Art. V. §D; Ord. No. 1509, 8-8-66; Ord. No. 1847, 1-17-72; Ord. No. 1893, 12-19-72; Ord. No. 2790, 1-18-82; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §§156.019, 158.135, 159.67, 118.04; Ord. No. 4024, §5, 3-18-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4972, 1-16-07; Ord. No. 5296, 12-15-09).

See Chapter 155, Appeals.

(A)

General Penalty.

(B)

Other Lawful Action. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of the UDC.

(Code No. 1965, §§1-5, 17B-13, 18-47; Ord. No. 1725, 1-8-70; Ord. No. 1893, 12-19-72; Ord. No. 2128, 7-15-75; Ord. No. 2647, 7-15-80; Ord. No. 2655, 8-5-80; Ord. No. 2725, 5-19-81; Code 1991, §§98.99(A), (B), 158.99, 161.18, 162.99, 163.12; Ord. No. 3551, 6-4-91; Ord. No. 3699, §12, 4-20-93; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)