(A)   General. The Manager of Planning Services or his or her authorized agent shall be the Administrator. The Administrator shall administer and enforce this chapter, and shall set forth procedure deemed necessary and appropriate to ensure this chapter is properly administered and enforced. If the Administrator or his or her designee finds that any provisions of the chapter are being violated, notification shall be given to the property owner(s) indicating the nature of the violation and ordering corrective action.

   (B)   Duty to investigate. When the Administrator finds a violation of this chapter or receives a complaint alleging a violation of this chapter, it shall be his or her duty to investigate the complaint and determine whether a violation exists.

   (C)   Emergency enforcement. In cases where delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement of this chapter without prior written notice by invoking any of the penalties or remedies herein authorized.

(Ord. passed 10-17-2011) Penalty, see § 153.999

   The county shall enforce this chapter under the authority of G.S. Chapter 160D.

(Ord. passed 10-17-2011; Res. passed 11-16-2020) Penalty, see § 153.999

   (A)   General. It shall be unlawful and a violation of this chapter 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 provisions of this chapter or any other approval, or authorization issued pursuant to this chapter. Approvals and authorizations include, but are not limited to: special use permits, sign permits, certificates of compliance, variances, building permits, development plans, site plans, and conditions of such permits, variances, and plans.

   (B)   Approval required. It shall also be a violation to engage in any construction, land development activity, or use, without all approvals and authorizations required by this chapter.

   (C)   Separate offense. Each day that a violation continues after notification by the Administrator, such violation shall be considered a separate offense for purpose of penalties and remedies specified herein.

(Ord. passed 10-17-2011; Res. passed 11-16-2020) Penalty, see § 153.999

   (A)   Program. A program of inspection and investigations to determine compliance with this chapter and orders, plans, permits, and authorizations issued under this chapter is hereby authorized. This program shall be conducted and carried out under the general authority of the Manager of Planning Services, or designee. Violations of this chapter that are deemed to be in violation of other local, state, or federal agency regulations may be forwarded to those agencies for further review and action.

   (B)   Inspections on private property. Inspections on private property to determine compliance may be made at any reasonable time with consent of the occupant or property owner upon presentation of credentials. Inspections may also be made when an administrative search and inspection warrant has been issued pursuant to G.S. § 15-27.2 by a proper judicial official. To obtain a warrant, the Administrator shall show through facts supplied in a sworn affidavit that either:

      (1)   The inspection is being conducted as part of an administrative plan to inspect all properties of a certain type, and the determination of the properties to inspect was made in accordance with neutral criteria; or

      (2)   There is probable cause for believing that a violation may exist.

(Ord. passed 10-17-2011) Penalty, see § 153.999

(Ord. passed 10-17-2011; Res. passed 11-16-2020) Penalty, see § 153.999

      (1)   Order the discontinuance of illegal use of land, buildings, or structures;

      (2)   Order removal of illegal motor vehicles, signs, buildings, structures, additions, alterations, or structural changes thereto;

      (3)   Order the discontinuance of any illegal work being done;

      (4)   Call for denial or withhold approval of any permit provided for in this chapter that is sought for the property on which the violation exists until such time that the violation is remedied;

      (5)   Revoke any permit issued in conjunction with this chapter (see §§ 153.300 through 153.304 for the procedure for revocation of special use permits);

      (6)   Revoke any required certificate of zoning compliance due to failure to comply with this chapter; and/or

      (7)   Withhold any permit or license provided for in this chapter for a property, or property under development, that is in violation of this chapter, or any other state or federal regulations.

   (B)   Forfeiture and confiscation of signs. Any illegal sign installed or placed on public property or within the public right-of-way shall be subject to forfeiture to the public and confiscated. The county shall retain such illegal signs for a minimum period of seven days at the Planning Department Office. Upon initial violation of this section, the Planning Department shall make one attempt to notify the property and/or sign owner(s). Notification of the initial violation shall be deemed sufficient and additional notification shall not be required for subsequent violations by the same owner. In addition to other remedies and penalties of this chapter, the county has the right to recover from the sign owner, or person who placed the sign, all applicable fees.

   (C)   Conservation Zoning District and Natural Resource violations. Any violation of §§ 153.205 through 153.262 and/or 153.090 shall be remedied by returning the subject area to the condition(s) prior to the violation.

(Ord. passed 10-17-2011; Res. passed 5-18-2015; Res. passed 11-16-2020) Penalty, see § 153.999

   (A)   A specified time frame shall be given to render compliance to a violation as noted in the notice of violation. A mandatory re-inspection shall take place to evaluate the status of the violation at the end of the compliance period. An extension may be requested by the property owner in writing to the Administrator providing valid evidence as to the reason for failure to comply within the specified time. If compliance is not rendered nor an extension is granted, the Administrator shall proceed with the assessment of penalties as described in § 153.999. Compliance periods shall be in conjunction with the severity of the violation.

   (B)   The Administrator shall have the ability to amend the specific time period for compliance due to the nature of the violation if considerable work has been done in an attempt to remedy the violation or if such violation is determined to be a potential risk to the public health, safety, and general welfare.

 

(Ord. passed 10-17-2011; Res. passed 5-18-2015) Penalty, see § 153.999

   (A)   Any person aggrieved by the notice of violation has 30 days to appeal the action of the Administrator to the Board of Adjustment.

   (B)   Beyond the decision of the Board of Adjustment, recourse shall be to the courts as provided by law.

(Ord. passed 10-17-2011) Penalty, see § 153.999

   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 chapter.

   (A)   Civil penalties. Any person who violates any provisions of this chapter may be subject to assessment of the maximum civil penalty of up to $500 per violation.

      (1)   Civil citations. A civil citation shall be issued to any person(s) failing to take corrective action within the specific compliance period given by the Administrator after receiving written notice from the county’s Planning Department. Each day the violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each violation shall be subject to a civil penalty in the amount of $100 per day until the violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject themselves 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.

      (2)   Citation content. A citation issues for a violation of this chapter shall, among other things:

         (a)   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;

         (b)   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;

         (c)   Further provide that the offender may answer the citation by mailing the citation and the stated penalty to Post Office Box 65, Lillington North Carolina, 27546, or may pay the amount in person at the county’s Planning Department Office; and/or

         (d)   State that a citation following the original notice of violation shall be appealed to the Board of Adjustment.

      (3)   Settlement of civil claim. The county’s Planning Department is authorized to accept payment in full and final settlement of the claim(s), right or rights of action which the county 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.

      (4)   Additional penalty. A penalty of $25, in addition to the one imposed for payment within 15 days, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 15 days period and in which a civil action shall have been instituted.

   (B)   Criminal prosecution. Violations of this chapter may constitute a misdemeanor or infraction penalty and is punishable as provided in G.S. § 14-4 and the maximum fine; term of imprisonment or infraction penalty allowed by law is hereby authorized.

   (C)   Injunction. Enforcement may also be achieved by injunction. When a violation occurs the county 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.

      (1)   The county may apply for, and the court may enter, an order of abatement. An order of abatement may direct:

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

         (b)   That improvements or repairs be made; or

         (c)   That any other action be taken that is necessary to bring property into compliance with this chapter.

      (2)   Whenever the party is cited for contempt by the court and the county executed the order of abatement the county 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.

(Ord. passed 10-17-2011; Ord. 2022-04, passed 2-21-2022)