15.1.1 Purpose

This Article shall be construed to provide for the exercise of all remedies provided for in G.S. 160A-175 and 160D-403, and to provide for the efficient administration and enforcement of the other articles in the Town's Unified Development Ordinance (referred to in this Article as the "Ordinance"). In this article, "Director" shall mean the person, or the designees of the person, who is the Planning and Development Director, the Stormwater Administrator, or the Watershed Administrator, as the context indicates, and including any interim positions or other positions established by the Board of Commissioners to administer the other articles of this Ordinance.

(Amend. of 5-27-2021(13))

15.1.2 Inspections

A.

The Director and Code Enforcement Officer shall have the following duties and authority:

1.

To enter upon and investigate the condition of uninhabited buildings within the Town to determine if such buildings are in violation of the ordinance;

2.

To enter upon all premises within the Town, at reasonable times, for the purpose of making any inspections reasonably related to enforcement of the provisions of this Ordinance;

3.

To periodically inspect all properties upon which land-disturbing activity is occurring to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from the land-disturbing activity;

4.

At the time of inspections, to present proper credentials if requested;

5.

To obtain any necessary inspection warrants under G.S. 15-27.2 and comply with all requirements of said Statute;

6.

To determine compliance with this Ordinance; and

7.

To investigate complaints and alleged violations of this Ordinance.

8.

To Obtain the appropriate consent before inspecting areas not open to the public, or that an appropriate inspection warrant has been secured.

B.

Interference with Inspections. It shall be a violation of this Ordinance for any person or entity to do any of the following:

1.

To refuse entry or access to the Director or Code Enforcement Officer when entry is requested for purposes described in this Ordinance; and

2.

To obstruct, hamper, or interfere with the Director or Code Enforcement Officer in carrying out official duties.

3.

If the Director or Code Enforcement Officer is asked to leave the property they must leave immediately.

Notice of the foregoing provision entitled "Interference with Inspections" shall be included in the certificate of approval of each plan.

By signing a Zoning Certificate, the Owner or Owner's representative is allowing Town staff to inspect the property at their discretion, so long as they follow the Inspection rules in Sec. 15.1.2 of this Ordinance.

(Amend. of 5-27-2021(13))

15.2.1 Violations

The following actions or inactions shall constitute a violation of this Ordinance:

A.

Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this Ordinance;

B.

Any failure to comply with a term or condition of any permit or other development or redevelopment approval or authorization granted pursuant to this Ordinance;

C.

Any failure to comply with a rule or order adopted or issued pursuant to this Ordinance;

D.

Any initiation or continuation of a land-disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan;

E.

Any failure to meet the requirements of Article 4, Applications and Permits, Section 4.16.4, Operations and Maintenance Agreement, or to otherwise fail to conform to the requirements of the Stormwater Management section of this Ordinance; and

F.

Any connection to any public or private stormwater conveyance system that allows the discharge of non-stormwater, other than as excluded under other provisions of this Ordinance.

15.2.2 Continuing Offenses

Each and every day that a violation of any provision of this Ordinance continues shall constitute a separate and distinct violation.

15.2.3 Offenders

Persons or entities committing a violation of this Ordinance shall be referred to in this article as "offenders". All of the following persons or entities shall be held responsible for violations of this Ordinance:

A.

Relationship to land:

1.

Owner;

2.

Lessee;

3.

Person/Developer;

4.

Entity;

5.

CFO of Entity;

6.

Lessor;

7.

Architect;

8.

Builder;

9.

Landscape designer;

10.

Laborer (carpenters, landscapers, e.g.);

11.

Real estate agent;

12.

Attorney;

13.

Persons benefitting from violation;

14.

Shareholders;

15.

Employees;

16.

Other persons; or

17.

"Any other."

B.

Types of land or improvements regulated:

1.

Raw land;

2.

Buildings;

3.

Signs; and

4.

Structures.

C.

Activities regulated:

1.

Participation;

2.

Acting in concert;

3.

Assisting;

4.

Directing;

5.

Creating;

6.

Maintaining;

7.

Land-disturbing activities; and

8.

Activities regulated under the Sedimentation Pollution Control Act of 1973, or rules or orders adopted or issued pursuant to said Act.

For all Notices of Violation under this Ordinance, except as may be specifically set forth differently in this Ordinance, the following provisions shall apply.

15.3.1 Contents

Upon discovering a violation of a provision of this Ordinance, the Director shall draft and serve upon the offender a written "Notice of Violation" stating the following, where relevant to the violation:

A.

That the land, building, structure, sign or use is in violation of this Ordinance;

B.

A description of the violation, with reasonable clarity;

C.

A reference to the Section of this Ordinance that the offender violated;

D.

The amount of any penalty shown in the Town's schedule of fees, and that said penalty must be paid within thirty (30) days, or, that there is no scheduled fee for the violation in question, or, if the Notice of Violation requires only restorative activity, that there is no applicable scheduled fee;

E.

The measures necessary to remedy the violation and bring the subject property into compliance with this Ordinance;

F.

A reasonable time period within which the offender must correct the violation; and

G.

A warning that failure to correct the violation within the time period will result in the assessment of a civil penalty (and the maximum amount that the penalty may be, if applicable) or other enforcement action.

H.

For a violation of the North Carolina Sedimentation and Pollution Control Act of 1973 (G.S. ch. 113A), the Notice of Violation will also state the following:

"You must either pay the assessment or contest the assessment within thirty (30) days of service by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If you do not pay the civil penalty assessed within thirty (30) days after it is due, the Town may institute a civil action to recover the amount of the assessment."

I.

Nothing in Section 15.3.1 shall be construed to prevent the issuance of a Notice of Violation that immediately imposes a penalty for a violation of Article 13, Sign Standards.

15.3.2 Service of Notice of Violation

The Director shall serve the landowner and the holder of the development approval with a copy of the Notice of Violation by personal delivery, electronic delivery, or first-class mail, provided however, that refusal to accept the Notice of Violation, or failure to notify the Director of a change of address shall not relieve the offender's obligation to pay the stated penalty. The Director may post the notice of violation on the property.

(Amend. of 6-17-2021(9))

15.3.3 Filing of Notices of Violation

All Notices of Violation shall be filed in the office of the Director in a book specially designated for this purpose, with the date of the filing clearly and indelibly stamped or written on the Notice at the time of filing. The Director shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

(Amend. of 6-17-2021(9))

15.3.4 Appeals

Except for appeals of violations of the North Carolina Sedimentation and Pollution Control Act of 1973 (G.S. ch. 113A), an appeal of a Notice of Violation may be taken to the Zoning Board of Adjustment in accordance with the provisions of Sec. 4.19, Appeals, and relevant statutes. Appeals under the North Carolina Sedimentation and Pollution Control Act of 1973 (G.S. ch. 113A) shall be taken under G.S. ch. 150B, art. 3.

15.3.5 Complaints Regarding Violations

Any person may file a written complaint with the Director whenever a violation of a provision of this Ordinance occurs or is alleged to have occurred. The Director shall:

1.

properly record the complaint;

2.

promptly investigate the complaint, provided that they follow the inspection process as stated in § 160D-403(e); and

3.

take appropriate action, provided, however, that a complaint shall not be a prerequisite of inspection or enforcement of any provision of this Ordinance.

(Amend. of 6-17-2021(9))

15.3.6 Equitable Remedies

In addition to other remedies provided for in this Ordinance, State Statutes, or the common law, this Ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the Town for equitable relief that there is an adequate remedy at law. By way of illustration, and not by way of limitation, the Town may seek equitable remedies in the form of any of the following:

A.

Temporary restraining order;

B.

Temporary or permanent mandatory injunction to require positive action to correct violations;

C.

Temporary or permanent prohibitory injunction to prevent future violations;

D.

Stop work order under G.S. 160D-404(b);

E.

Order of abatement to stop violations;

F.

Order of abatement to direct that action be taken as necessary to place a body of water downstream from the dam in its former condition and otherwise bring the property into compliance with Sec. 4.15, Dam Impoundment Draining Permit;

G.

Temporary and permanent injunction to prevent illegal subdivisions and the transfer or sale of lots from such illegal subdivisions; and

H.

For offenders who engaged in a land-disturbing activity and who failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), an order requiring restoration after noncompliance, to restore the waters, landscape and riparian buffers and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. See also Article 11, Landscape, Screening and Buffers, and Article 12, Natural Resources and Environmental Protection, for specific requirements.

(Amend. of 6-17-2021(5))

15.4.1 Citations

If an offender fails, for ten (10) days or more, to take all corrective actions required by a Notice of Violation, the offending party shall become subject to an immediate civil penalty assessed from the date of the violation with the issuance of a citation. The Town shall send notice of the violation to the offender at the offender's last known address, by first class mail, at least ten (10) days prior to the issuance of a citation. Notwithstanding any other provision herein, for violations of Article 13, Sign Standards and Article 11, Section 11.2.2, Tree Protection, the issuance of a Notice of Violation that imposes an immediate penalty shall require payment as stated in the Notice of Violation without issuance of a citation or any further action by the Planning and Development Director. Service of such Notice of Violation shall be accomplished by giving the owner of the property (or any other person apparently in charge of the premises) a copy thereof.

(Amend. of 8-21-14; Amend. of 5-21-20(3))

15.4.2 Form of Citations

Citations shall contain the following:

A.

A reference to the Notice(s) of Violation involved;

B.

The amount of the penalty as set forth in the fee schedule maintained in the Town Office by the Town Clerk, or, if the penalty is subject to the discretion of the Town Board, the basis of the amount under the factors set forth below;

C.

That the violator must pay the penalty within thirty (30) days of the service of the citation; and

D.

That failure to pay the penalty stated therein shall subject the offender to the payment of reasonable attorney's fees, not to exceed fifteen percent (15%) of the outstanding balance, including the principal amount of the penalty and interest accruing thereon.

15.4.3 Determination of Amount of Penalty for Erosion Control and Sedimentation Issues

In determining the amount to assess for an erosion control and sedimentation issue, the Board shall consider each of the following factors:

A.

The degree and extent of harm caused by the violation;

B.

The cost of rectifying the damage, including clean up costs, devaluation of the property, and value of animal and plant life damaged, and other reasonable costs;

C.

The amount of money the offender saved by noncompliance;

D.

Whether the violation was committed willfully;

E.

Whether the violator reported the violation;

F.

Whether the violator took reasonable measures to comply with this Ordinance;

G.

Whether the violator voluntarily took reasonable measures to restore any areas damaged by the violation;

H.

The prior record of the offender in complying or failing to comply with this Ordinance or any other Local, State, or Federal pollution control rule or regulation;

I.

The date of the violation or the date it was detected; and

J.

Any other relevant mitigating and aggravating factors.

(Amend. of 5-21-20(3))

15.4.4 Public Hearings

Nothing in this Article shall be construed to modify or limit the right of any person to a public hearing as may be provided for under other Articles of this Ordinance.

(Amend. of 8-18-16(8))

15.4.5 Service of Citations

Service of citations may be made by the Director in any manner allowed for service of process under Rule 4 of the North Carolina Rules of Civil Procedure.

15.4.6 Civil Action to Collect Penalties

The Town may institute proceedings to collect unpaid civil penalties, at any time after the date required for payment as set forth in the citation. Such proceeding shall be in the form of an action to collect a debt. If the penalty is based on a violation of the stormwater provisions of this Ordinance, Article 12, Natural Resources and Environmental Protection, the Director (as Stormwater Administrator) shall request the State of North Carolina Division of Water Quality to administer the penalty or take appropriate court action including assessing liens on the property.

15.4.7 Liens

Civil penalties assessed for violations of this Ordinance shall constitute a lien against the property or properties upon which the violation is, or has been, conducted.

15.4.8 Fire Prevention Code

A violation of the fire prevention code of the State Building Code shall subject the offender to assessment of a civil penalty as authorized under G.S. 143-139.

15.5.1 In General

Unless otherwise provided for in this Ordinance, violation of this Ordinance is a misdemeanor or infraction as provided by G.S. 14-4. Nothing in this Ordinance shall be construed to reduce the maximum criminal penalties for violations as provided for in State Statutes, or other State or Federal sources.

15.5.2 Land-Disturbing Activity

Any person who knowingly or willfully violates any provision of Article 4 of Chapter 113A of the General Statutes (G.S. 113A-50 et seq.) or an ordinance, rule or order adopted or issued pursuant to said Article, 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 as provided in G.S. 113A-64(b).

15.5.3 Draining of Impoundment Regulations

Any person who willfully or negligently violates any provision of Sec. 4.15, Dam Impoundment Draining Permit, shall be guilty of a Class 3 misdemeanor, or the highest misdemeanor class as may be possible under existing sentencing statutes.

15.6.1 Denial of Permit or Certificate

The Director may withhold or deny any permit, certificate, or other authorization on any land, 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.

15.6.2 Revocation of Permit or Certificate

The Director may revoke, disapprove or withhold subsequent permits and development applications and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation as long as a violation of this Ordinance continues and remains uncorrected. Permits or certificates shall 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 local law may also be revoked.

15.6.3 Conditional Permit of Temporary Certificate

The Director may condition the authorization of any permit or certificate upon the correction of a deficiency, or payment of civil penalties within a specified time.

15.6.4 Statements and Reports

The Town shall have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity.

15.7.1 Findings and Intent

The Board of Commissioners finds that there are dwellings in the Town that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering the dwellings unsafe or unsanitary, and dwellings that are dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the Town, and enacts the following provisions under the authority of G.S. 160-441 et seq., and intends to exercise its police powers to repair, close or demolish the dwellings in the manner herein provided. This article shall be interpreted, where appropriate, as a resolution to the extent required by said Statute, expressly approving the application of this article within the corporate limits of the Town. Further, it is the intent of this article to provide for the repair, closing or demolition of any abandoned structure which the Board finds to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities, and to provide for the repair, closing or demolition of such structure pursuant to the same provisions and procedures as are prescribed herein for the repair, closing or demolition of dwellings found to be unfit for human habitation.

15.7.2 Enforcement

The Planning and Development Director is hereby designated as the Town officer to enforce the provisions of this article.

15.7.3 Authorization

The Planning and Development Director is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this article, including the following powers in addition to others granted:

A.

Investigate the condition of uninhabited buildings within the Town in order to determine which structures are in violation of this article.

B.

Enter upon premises for the purposes of making inspections.

15.7.4 Standards for Enforcement

A.

Any uninhabited structure within the Town shall be deemed in violation of this article whenever such structure constitutes a hazard to the health, safety or welfare of the Town citizens as a result of:

1.

The attraction of insects or rodents;

2.

Conditions creating a fire hazard;

3.

Dangerous conditions constituting a threat to children; or

4.

Frequent use by vagrants as living quarters in the absence of sanitary facilities.

B.

In making the preliminary determination of whether or not an uninhabited structure is in violation of this article, the Planning and Development Director may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

1.

Holes or cracks in the structure's floors, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects;

2.

The collection of garbage or rubbish in or near the structure which might attract rodents or insects, or become breeding places for rodents and insects;

3.

Violations of the state building code, the state electrical code or the fire prevention code which constitute a fire hazard in such structure;

4.

The collection of garbage, rubbish or combustible material which constitute a fire hazard in such structure;

5.

The use of such structure or nearby grounds or facilities by children as a play area;

6.

Violations of the state building code which might result in danger to children using the structure or nearby grounds or facilities as a play area; or

7.

Repeated use of such structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating.

15.7.5 Procedure for Enforcement

A.

Preliminary Investigation, Notice and Hearing. Whenever a petition is filed with the Planning and Development Director by at least five (5) legal residents of the Town and/or legal residents residing within the Town of Highlands zoning jurisdiction charging that any structure exists in violation of this article or whenever it appears to the Planning and Development Director, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the Planning and Development Director at a place therein fixed, not less than ten (10), nor more than thirty (30) days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one (1) of the persons signing a petition relating to such structure. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Planning and Development Director.

B.

Procedure After Hearing. If, after notice and hearing, the Planning and Development Director determines that the structure under consideration is an uninhabited structure and in violation of this Article in accordance with the standards herein set forth, he or she shall record at the Macon County or Jackson County (as appropriate) Register of Deed a Lis Pendens and shall state in writing his findings of fact in support of such determination, stating whether said uninhabited structure is deteriorated or dilapidated, and shall issue and cause to be served upon the owner thereof an order:

1.

If the repair to correct unsafe conditions of said uninhabited structure bringing it up to the standards described in the North Carolina State Building Code can be made at a reasonable cost in relation to the present value of the structure, the order shall require the owner, within a specified period of time, to repair such a structure so as to render it in compliance with the order of the Planning and Development Director. Such order may also direct and require the owner to vacate and close the structure until the repairs have been made and/or the unsafe and dangerous character of such structure has been corrected; and

2.

If the repair of said uninhabited structure bringing it up to the standards described in the North Carolina State Building Code cannot be made at a reasonable cost in relation to the present value of the structure, the order shall require the owner, within a specified period of time either to repair such structure so as to bring it into compliance with the standards described in the North Carolina State Building Code or to demolish and remove such structure;

3.

Upon a finding that the structure has been brought into or found to be in compliance with this Ordinance, it shall be the duty of the Planning and Development Director to have any Lis Pendens filed in relation to the matter removed.

15.7.6 Appeal to Board of Adjustment

Appeals may be taken from any decision or order of the Planning and Development Director under this Section to the Zoning Board of Adjustment, in accordance with the procedures specified in G.S. 160D-305.

(Amend. of 6-17-2021(8))

15.7.6.1 Abandonment of Intent to Repair

A.

If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to section G.S. 160D-1203(4) or after the Planning Director issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this subdivision, then the Board of Commissioners may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the Town in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the governing board may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

a.

If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within ninety (90) days.

b.

If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within ninety (90) days.

(Amend. of 6-17-2021(10))

15.7.7 Procedure for Enforcement Upon Noncompliance by Owner

A.

If the owner fails to comply with an order to repair the structure, the Planning and Development Director may:

1.

Cause such structure to be repaired, and pending such repairs, may order such structure vacated and closed; and

2.

Cause to be posted on the main entrance of any structure so closed, a placard with the following words:

"Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina."

B.

If the owner fails to comply with an order to remove or demolish the structure, the Planning and Development Director may:

1.

Cause such structure to be removed or demolished; and

2.

Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard with the following words:

"Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina."

C.

Duties of Planning and Development Director. The duties of the Planning and Development Director set forth in the preceding items A and B shall not be exercised until the Town Board, by ordinance, shall have ordered the hearing officer to proceed to effectuate the purpose of this Article with respect to the particular structure which the officer shall have found to be in violation of this Article. No such ordinance shall be adopted to require demolition of a structure until the owner has first been given a reasonable opportunity to bring it into conformity with this Article. Such ordinances shall be recorded in the Office of the Register of Deeds of Macon County or Jackson County (as appropriate) and shall be indexed in the name of the property owner in the grantor index. Upon adoption by the Town Board of an ordinance authorizing and directing the property owner to do so, as provided by G.S. 160D-1203, and this Ordinance, the Planning and Development Director shall issue an order for removal or demolition and proceed to cause such structure to be removed or demolished, as directed by the Ordinance of the Board and shall cause to be posted on the main entrance of such structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor.

D.

Petition to Superior Court by Owner. Any person aggrieved by an order issued by the Planning and Development Director under Sec. 15.7.7, Procedure for Enforcement Upon Noncompliance by Owner, of this Ordinance shall have the right, within thirty (30) days after issuance of the order, to petition the Superior Court for a temporary injunction restraining the Planning and Development Director pending a final disposition of the cause, as provided by G.S. 160D-1208.

(Amend. of 6-17-2021(8))

15.7.8 Methods of Service of Complaints and Orders

Complaints or orders issued by the Planning and Development Director pursuant to this article shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the Planning and Development Director in the exercise of reasonable diligence, the Planning and Development Director shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publication in the manner prescribed in the North Carolina Rules of Civil Procedure. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notice or order herein provided for shall not affect or invalidate the proceedings with respect to any other owner or party in interest or any other person.

15.7.9 Costs and Lien on Premises

As provided by G.S. 160D-1203, the amount of the cost of any removal or demolition caused to be made or done by the Planning and Development Director pursuant to this article shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by the General Statutes.

(Amend. of 6-17-2021(8))

15.7.10 Alternative Remedies

Neither this Article nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this Article by criminal process, and the enforcement of any remedy provided in this Article shall not prevent the enforcement of any other remedy or remedies provided in this Article or in other ordinances or laws.