This chapter establishes procedures through which the City seeks to ensure compliance with the provisions of this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the city.

This Chapter applies to the enforcement of all provisions of this Ordinance. Section 9.10, Soil Erosion and Sedimentation Enforcement and Penalties, shall only apply to the enforcement of Section 6.3, Soil Erosion and Sedimentation, Section 9.10.1, Soil Erosion and Sedimentation Violations, and any state statute or regulation governing soil erosion and sedimentation. The provisions of Section 9.10, where applicable, shall supersede conflicting provisions of this Chapter.

(Ord. No. 7875/22-95, § 1, 10-31-2022)

Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided by this chapter and by State law.

Any person who violates any provision of this Ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 9.9, Assessment of Civil Penalties.

As appropriate, any of the directors listed in Section 9.5.1 above may withhold or deny any permit, certificate, or other authorization on any land, subdivision, building, structure, sign, or use in which there is an uncorrected violation of a provision of this Ordinance, or of a condition or qualification of a permit, certificate, or other authorization previously granted.

As appropriate, any of the directors listed in Section 9.5.1 above shall condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate governmental authority.

A.

General Whenever there is development or land-disturbing activity in violation of this Ordinance, any of the directors listed in Section 9.5.1., Responsibilities, as appropriate, may order the work to be immediately stopped.

B.

Order in Writing The stop work order shall be in writing and directed to the landowner, occupant, or person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

C.

In Accordance with State Statutes or Building Code Such action shall be in accordance with Section 160D-404(b) of the North Carolina General Statutes or the State Building Code.

(Ord. No. 7712/21-29, § 1.T, 5-19-2021; Ord. No. 7875/22-95, § 4, 10-31-2022)

A.

General As appropriate, any of the directors listed in Section 9.5.1, Responsibilities may revoke and require the return of a permit by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates may be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable State or City law may also be revoked.

B.

Sign Permit In a case in which an electronic sign is operated in violation of the standards of Section 5.7.10, Electronic Sign Standards there shall be a system of progressive administrative penalties, as follows:

1.

If the violation is corrected within 2 business days of the first notice, there shall be no penalty;

2.

If the violation is not corrected within 2 business days of the first notice, or in case of a second notice within a 12-month period for the same sign, the sign shall be turned off for 10 calendar days; if the Planning & Development Director deems it reasonably necessary to do so, may suspend the sign permit for that period and may have the electric meter removed for that period;

3.

If the sign is turned on or operated during the period of suspension, the period of suspension shall be extended by an additional 20 days;

4.

In case of a third notice within a 12-month period for the same sign, the sign shall be turned off for 30 calendar days; if the Planning & Development Director deems it reasonably necessary to do so, may suspend the sign permit for that period and may have the electric meter removed for that period;

5.

In case of a fourth notice within a 24-month period for the same sign, the sign permit for the sign shall be permanently revoked, with no right to apply for a new permit for an electronic sign of any kind on that site for 5 years.

6.

Appeal Applicable (See Section 2.4.3, Appeal).

(Ord. No. 7912/23-27, § 4.V, 4-17-2023)

A.

Civil Action Whenever there is reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved development plan, or soil erosion and sedimentation control plan, the City Attorney may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City, for injunctive relief to restrain, correct, abate, mandate, or enjoin the violation or threatened violation.

B.

Superior Court The action shall be brought in the Superior Court of the appropriate county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation.

C.

No Relief from Criminal Penalties The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.

(Ord. No. 7875/22-95, § 4, 10-31-2022)

Editor's note— Ord. No. 7875/22-95, § 4, adopted Oct. 31, 2022, repealed § 9.7.6 in its entirety and subsequently renumbered former §§ 9.7.7—9.7.11 as §§ 9.7.6—9.7.10. Former § 9.7.6 pertained to Criminial Penalties, and derived from Ord. No. 7476/18-105, § 19, adopted Dec. 3, 2018 and 7852/22-72, adopted June 21, 2022.

A.

General In addition to an injunction, the City Attorney may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

1.

That buildings or other structures on the property be closed, demolished, or removed;

2.

That fixtures, furniture, or other moveable property be moved or removed entirely;

3.

That improvements, alterations, modifications, or repairs be made; or

4.

That any other action be taken as necessary to bring the property into compliance with this Ordinance.

B.

Lien As appropriate, any of the directors listed in Section 9.5.1 may execute the Order of Abatement and have a lien placed on the property in the nature of a mechanic's and materialman's lien for the cost of executing the order.

(Ord. No. 7875/22-95, § 4, 10-31-2022)

The City may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the City's application for equitable relief.

(Ord. No. 7875/22-95, § 4, 10-31-2022)

In addition to other enforcement provisions contained in this section, the City Council may exercise any and all enforcement powers granted to it by state law or common law.

(Ord. No. 7875/22-95, § 4, 10-31-2022)

Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions.

(Ord. No. 7875/22-95, § 4, 10-31-2022)

Engage in any development, use, construction, land disturbance, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this Ordinance without all required plans, permits, certificates, or other forms of authorization as set forth in this Ordinance.

Engage in any development, use, construction, land disturbance, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

Violate, by act or omission, any term, variance, modification, adjustment, condition, or qualification placed upon any required plan, permit, certificate, or other form of authorization for the development, use, construction, land disturbance, or other activity upon land or improvements thereon.

Erect, construct, alter, repair, maintain or use any building or structure, or use any land in violation of this Ordinance or any regulation made under the authority conferred thereby.

Subdivide land in violation of this Ordinance or transfer or sell land by reference to a plat or map showing a subdivision of land before the plat or map has been properly approved under this Ordinance and recorded in the office of the County Register of Deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction for violation this Ordinance.

Continuance of any violations in this section is a separate and distinct offense.

The following persons may be jointly and severally responsible for any violations of this Ordinance and subject to enforcement as provided in this Chapter:

A.

Any person who owns the property on which a violation occurs;

B.

Any tenant or occupant who has control over, or responsibility for, the property on which a violation occurs;

C.

Any person listed as a financially responsible party for the property on a form previously signed and submitted to the City; and

D.

Any architect, engineer, builder, developer, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation.

(Ord. No. 7875/22-95, § 2, 10-31-2022)

Failure of a City official charged with enforcement responsibility to observe or recognize conditions which violate the intent and purpose of this Ordinance, or to deny the issuance of a development or land disturbance permit, shall not relieve a person from responsibility for the condition or damages resulting therefrom and shall not result in the City, its officers, or agents being responsible for conditions or damages resulting therefrom.

(Ord. No. 7875/22-95, § 2, 10-31-2022)

Upon notice of a violation, the landowner and any other responsible person shall immediately remedy the violation.

The Engineering Services Director, Planning and Development Director, and Public Services Director shall be responsible for enforcing the following:

A.

Engineering Services Director The Engineering Services Director is responsible for enforcing the provisions of this Ordinance pertaining to surface water buffer protection, land disturbance, flood damage prevention, and the construction of public infrastructure.

B.

Planning and Development Director The enforcement of the remaining provisions of this Ordinance are the responsibility of the Planning & Development Director.

C.

Public Services Director The Public Services Director is responsible enforcing the provisions of this Ordinance pertaining to the inspection and maintenance of stormwater management devices.

(Ord. No. 7679/20-95, § 6, 12-9-2020)

As appropriate, any of the directors listed in Section 9.5.1, Responsibilities, has the power to conduct such investigation as may be deemed necessary to carry out their duties as prescribed in this Ordinance, and for this purpose the right upon presentation of proper credentials to enter at any reasonable hour upon any property within the jurisdiction for the purpose of investigating any complaints or alleged violations of this Ordinance; provided that the appropriate consent has been given for areas not open to the public or that an appropriate inspection warrant has been secured.

(Ord. No. 7712/21-29, § 10, 5-19-2021; Ord. No. 7750/21-67, § 15.A, 11-1-2021)

As appropriate, any of the directors listed in Section 9.5.1, Responsibilities, has the right upon presentation of proper credentials to enter on any property within the jurisdiction at any reasonable hour for the purposes of inspecting the sites of any complaints or alleged violations, or determination of compliance or other enforcement action of this Ordinance; provided that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(Ord. No. 7712/21-29, § 10, 5-19-2021; Ord. No. 7750/21-67, § 15.B, 11-1-2021)

As appropriate, any of the directors listed in Section 9.5.1, Responsibilities, has the power to require written statements, certificates, certifications, or the filing of reports with the respect to pertinent questions relating to complaints or alleged violations of this Ordinance.

(Ord. No. 7750/21-67, § 15.C, 11-1-2021)

No person shall refuse entry or access to any authorized representative or agent of the City who requests entry for purposes of inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties.

When the Planning and Development Director, Engineering Services Director, or Public Services Director, as appropriate, finds a violation of this Ordinance, it shall be their duty to notify the responsible persons of the violation (by any means authorized under sections 1A-1, Rule 4, or 160D-404 of the North Carolina General Statutes or by posting notice conspicuously on the property).

(Ord. No. 7750/21-67, § 15, 11-1-2021; Ord. No. 7875/22-95, § 3, 10-31-2022; Ord. No. 8052/25-30, § 5, 7-21-2025)

For a notice of violation from which no appeal has been taken, or upon a final decision by the BOA following an appeal, the landowner or occupant shall be subject to such remedies and penalties as may be provided for by State law or by Section 9.7, Remedies.

(Ord. No. 8052/25-30, § 5, 7-21-2025)

All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.

If a landowner or occupant repeats the same violation within a two year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies.

A.

Notification Required Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with Section 9.6, Enforcement Procedure.

B.

Civil Penalty Imposed If after receiving a notice of violation under Section 9.6.1, the person fails to file an appeal, a civil penalty may be imposed in accordance with this section.

C.

Notice of Penalty Assessment Notice of the civil penalty assessment shall be served in the same manner as a notice of violation.

D.

Assessment Contents The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 15 days of the date of the notice.

E.

Separate Notices Separate notices must be provided for the first, second, third and fourth violations. After notice for the fourth violation, penalties may be assessed and accrue on a daily basis without any further notice to the property owner.

F.

Assessment Until Compliance Civil penalties may be assessed until compliance is achieved.

(Ord. No. 7875/22-95, § 5, 10-31-2022; Ord. No. 8052/25-30, § 5, 7-21-2025)

Editor's note— Ord. No. 7875/22-95, § 5, adopted Oct. 31, 2022, repealed § 9.9.1 and subsequently renumbered §§ 9.9.2—9.9.7 as §§ 9.9.1—9.9.6.

For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

If payment of a civil penalty is not made as required in the Notice of Penalty Assessment, then the City Attorney or any of the directors listed in Section 9.5.1, as appropriate, may make written demand for payment of such civil penalties that have accrued while the property has been in violation. The demand for payment shall be sent to the responsible person in violation and must include a description of the violation for which the civil penalties have been imposed.

(Ord. No. 7875/22-95, § 5, 10-31-2022; Ord. No. 8052/25-30, § 5, 7-21-2025)

If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to legal counsel to institute a civil action for recovery of the civil penalty. A civil action to recover a civil penalty assessed pursuant to Section 9.10, Soil Erosion and Sedimentation Enforcement and Penalties, must be filed within three years of the date the assessment was due.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

Any person who violates any provision of this Ordinance, except for soil erosion and sedimentation control violations, shall be subject to assessment of a civil penalty in the amount of $50.00 for the first violation, $100.00 for the second violation, $200.00 for the third violation, and $500.00 for the fourth and each succeeding violation.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

Civil penalties collected for soil erosion and sedimentation control violations must be used or disbursed as directed by Section 113A-64(a) of the North Carolina General Statutes.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided by this Section and by State law.

A.

Grading Without Permit Failure to secure a valid land disturbance permit prior to conducting a land-disturbing activity for which a soil erosion and sedimentation control plan is required.

B.

Failure to Protect Failure to take all reasonable measures to protect public property or private property, including lakes and/or natural watercourses, from damage caused by land-disturbing activities.

C.

Failure to Follow Plan Failure to conduct a land-disturbing activity in accordance with the provisions of an approved soil erosion and sedimentation control plan.

D.

Failure to Install Devices Failure, when more than one acre is disturbed, to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract(s) and prevent off-site sedimentation.

E.

Failure to Maintain Measures Failure to maintain satisfactory soil erosion and sedimentation control measures, structures and/or devices on the site that are designed to provide protection from the calculated maximum peak rate of runoff from the 10-year storm.

F.

Failure to Maintain Slopes Failure on graded slopes and fills to maintain an angle sufficient to retain vegetative cover or other adequate soil erosion and sedimentation control devices or structures.

G.

Failure to Cover Slopes Failure, within 21 days of completion of any phase of grading, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion.

H.

Failure to Plant Cover Failure on a tract, when more than one contiguous acre is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within 21 calendar days of completion of any phase of grading, or to provide permanent ground cover sufficient to restrain erosion within 90 calendar days of completion of construction or development.

I.

Failure to Revise Plan Failure to file an acceptable, revised soil erosion and sedimentation control plan after being notified of the need to do so.

J.

Failure to Maintain Buffer Failure to retain a buffer zone of sufficient width along a lake or natural watercourse to confine visible siltation within the 25 percent of the buffer zone nearest the land-disturbing activity.

K.

Interference with Official Duties Obstructing, hampering, or interfering with any authorized agent of the City or the NC Sedimentation Control Commission while in the process of carrying out their official duties.

L.

Failure to Self-Inspect Failure to perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with Section 113A-57(2) of the North Carolina General Statutes.

M.

Insufficient Measures Failure to have erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract.

N.

Other Violations Violating any other provisions of Section 6.3, Soil Erosion and Sedimentation, the North Carolina Sedimentation Pollution Control Act, or any rules or orders adopted or issued pursuant to Section 6.3, Soil Erosion and Sedimentation, or the North Carolina Sedimentation Pollution Control Act.

(Ord. No. 7875/22-95, § 5, 10-31-2022; Ord. No. 7984/24-01, §§ 2(Pt. B), 3, 1-16-2024)

Any landowner or other responsible person who has financial or operational control over the land-disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision of Section 6.3, Soil Erosion and Sedimentation, Section 9.10.1, Soil Erosion and Sedimentation Violations, or any state statute or regulation governing soil erosion and sedimentation, including the North Carolina Sedimentation Pollution Control Act, may be jointly and severally responsible for such violations and subject to enforcement for the same as provided in this Section.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

A.

General If it is determined that a person engaged in any land-disturbing activity failed to comply with this Section, a notice of violation shall be served upon the responsible person.

B.

Service The notice may be served by any means authorized under Section 1A-1, Rule 4 of the North Carolina General Statutes.

C.

Notification Contents The notice shall inform the responsible person of the violation, describe the actions that need to be taken by the responsible person to come into compliance with this Ordinance, and specify the number of working days the responsible person has to correct the violation.

D.

Failure to Comply Any responsible person who fails to comply within the time specified in the notice of violation is subject to additional civil and criminal penalties for a continuing violation as provided in this Section.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

A.

Assessment Any responsible person who receives a notice of violation for committing any violations of this Section and fails to abate such violation(s) within the time provided in the notice of violation, may be assessed a maximum civil penalty of up to $5,000.00 per violation. A civil penalty may be assessed each day from the date of the violation. Each day of a continuing violation constitutes a separate violation. Civil penalties may be assessed until compliance is achieved. When the responsible person has not been assessed any civil penalty under Section 6.3, Soil Erosion and Sedimentation, the North Carolina Sedimentation Pollution Control Act, or any rules or orders adopted or issued pursuant to Section 6.3, Soil Erosion and Sedimentation, or the North Carolina Sedimentation Pollution Control Act, for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed for all violations associated with the land-disturbing activity is $25,000.

B.

Civil Penalty Assessment Factors The Engineering Services Director or a subordinate shall determine the amount of the civil penalty based upon the following factors:

1.

The degree and extent of harm caused by the violation;

2.

The cost of rectifying the damage;

3.

The amount of money the responsible person saved by noncompliance;

4.

Whether the violation was committed willfully; and

5.

The prior record of the responsible person in complying or failing to comply with this Ordinance.

C.

Notice of Civil Penalties Assessment

1.

Notification Required The Engineering Services Director or a subordinate shall provide notice of the civil penalty amount and the basis for assessment to the responsible person assessed. The notice of the assessment must be served by any means authorized under Section 1A-1, Rule 4 of the North Carolina General Statutes.

2.

Notification Contents The notice shall direct the responsible person to either pay the assessment by a certain date, appeal the assessment within 30 days to the Board of Adjustment, or request a remission of the assessment by the North Carolina Sedimentation Control Commission within 30 days after the receipt of the notice of assessment. An assessment that is not appealed or contested or where a remission of the penalty has not been requested is due by the date provided in the notice of assessment. An assessment that is appealed or contested or where a remission of the penalty is requested is due at the conclusion of the appeal or judicial review of the assessment.

3.

Separate Notices Separate notices must be provided for the first, second, third, and fourth violations. After notice for the fourth violation, civil penalties may be assessed and accrue on a daily basis without any further notice to the person assessed.

D.

Appeal of Civil Penalties A notice of civil penalty assessment may be appealed in accordance with Section 2.4.3, Appeal, to the Board of Adjustment within 30 days of the date the notice of civil penalty assessment is received. The Board of Adjustment must consider the civil penalty assessment factors listed in this subsection and any extenuating or mitigating circumstances in determining whether to uphold, reduce, or waive the civil penalty. The Board of Adjustment's decision shall be appealable to the Superior Court of Guilford County in the nature of certiorari pursuant to Section 160D-1402 of the North Carolina General Statutes. Such appeals shall be filed with the Clerk of Superior Court by the later of 30 days after the Board of Adjustment's decision is filed with the Clerk to the Board of Adjustment or 30 days after a written copy of the decision is given to the responsible person.

E.

Remission of Civil Penalties A request for remission of a civil penalty under Section 113A-64 of the North Carolina General Statutes shall be filed with the North Carolina Sedimentation Control Commission within 30 days receipt of the notice of assessment. Any such remission request shall comply in all respects with the requirements set forth in Section 113A-64.2 of the North Carolina General Statutes, including the requirement that any such remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based.

F.

Payment of Civil Penalties Civil Penalties collected for violations of this Section must be credited to the Civil Penalty and Forfeiture Fund in accordance with Section 115C-457.2. of the North Carolina General Statutes. Civil penalties collected by the City for violations of this Section may be diminished only by the City's actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by the City for the prior fiscal year.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

Any person who knowingly or willfully violates this Section or any provision of the North Carolina Sedimentation Pollution Control Act or any ordinance, rule, regulation, or order duly adopted or issued by the North Carolina Sedimentation Control Commission or the City, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor that may include a fine not to exceed $5,000 as provided in Section 113A-64 of the North Carolina General Statutes.

(Ord. No. 7875/22-95, § 5, 10-31-2022)

The Engineering Services Director or a subordinate may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by Section 113A-57(3) of the North Carolina General Statutes and Section 6.3, Soil Erosion and Sedimentation, to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance.

(Ord. No. 7875/22-95, § 5, 10-31-2022)