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Hendersonville City Zoning Code

ARTICLE IX

ADMINISTRATION, ENFORCEMENT, BUILDING PERMITS, CERTIFICATE OF ZONING COMPLIANCE AND PENALTIES

Sec. 9-1.- Administrative officer.

An administrative officer designated by the city council shall administer and enforce this ordinance.

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

Sec. 9-2. - Building permits required.

No building or other structure shall be erected, moved, added to or structurally altered without a building permit issued by the administrative officer. No building permit shall be issued by the administrative officer except in conformity with the provisions of this ordinance, unless the administrative officer receives a written order from the board of adjustment in the form of an administrative review, special use, or variance as provided by this ordinance.

Sec. 9-3. - Application for a building permit.

All applications for a building permit shall be accompanied by a fee according to a sliding scale currently in use by the city and plans in duplicate drawn to scale which indicate the following:

9-3-1 The shape and dimensions of the lot on which the proposed building or use is to be erected or constructed.

9-3-2 The location of the said lot with respect to adjacent rights-of-way.

9-3-3 The shape, dimensions and location of all buildings, existing and proposed on the said lot.

9-3-4 The nature of the proposed use of the buildings or land, including the extent and location of the use on the said lot.

9-3-5 The location and dimensions of off-street parking and means of ingress and egress to such space.

9-3-6 Any other information which the administrative officer may deem necessary for consideration in enforcing the provisions of this ordinance.

One copy of the plans shall be returned to the applicant by the administrative officer, after the administrative officer has marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans similarly marked shall be retained by the administrative officer.

Sec. 9-4. - Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance.

Building permits or certificates or zoning compliance issued on the basis of plans and applications approved by the administrative officer authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction differing with that authorized shall be deemed a violation of this ordinance and punishable as provided by section 9-7 hereof.

Sec. 9-5. - Remedies.

If any building is erected, constructed, reconstructed, repaired, converted or maintained or any building, structure or land is used in violation of this ordinance, the administrative officer or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, may institute injunction or other appropriate action in proceeding to stop the violation.

Sec. 9-6. - Procedures upon discovery of violations.

a)

If the administrative officer finds that any provision of this ordinance is being violated, the administrative officer shall send a violation notice by certified mail, return receipt requested or by hand delivery to the owner of record of the real property. The administrative officer may also deliver such notice to the occupant, tenant or user of the property subject to the violation. The administrative officer shall indicate the nature of the violation and order the action necessary to correct it. Additional written notices may be sent at the administrative officer's discretion.

b)

The final written notice (and the initial written notice may be the final notice) shall state what action the administrative officer intends to take if the violation is not corrected.

Sec. 9-7. - Violations.

a)

Any act constituting a violation of the provisions of this ordinance 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 special use permits, shall subject the offender to a civil penalty in the amount of $500.00. Violators shall be issued a written notice which must be paid within ten days.

b)

Each day's continuing violation shall be a separate and distinct offense.

c)

A civil penalty may not be appealed to the board of adjustment if the offender was sent a notice of violation in accordance with section 9-7 and did not take an appeal to the board of adjustment within the prescribed time.

d)

Notwithstanding subsection a) above, provisions of this ordinance may be enforced through equitable remedies issued by a court of competent jurisdiction, including but not limited to all remedies provided by G.S. ch. 160D.

e)

In addition to or in lieu of remedies authorized in subsections a) and d) above, violations of the provisions of this ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or conditional zoning districts or special use permits, may be prosecuted as a misdemeanor, punishable as provided in G.S. 14-4.

f)

Any combination of enforcement mechanisms provided by this section may be used by the city with respect to a violation of this ordinance.

Sec. 9-8. - Appeals.

Any enforcement decision or written determination interpreting the provisions of this ordinance may be appealed to the zoning board of adjustment in accordance with article X below.