1. The Planning Director or other authorized staff is authorized to make inspections as necessary to enforce regulations in this ordinance as provided in G.S. 160D-402 (b), and development approvals and investigate any complaints of alleged violations as provided in G.S. 160D-1113; -403 (e).
2. Staff are authorized to enter any premises within the jurisdiction of the Town at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials, provided the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured as provided in G.S. 160D-402 (b), and development approvals and investigate any complaints of alleged violations as provided in G.S. 160D-403 (e).
3. Union County Building Code Enforcement Division provides inspection for any of their issued building permits.
   

The Planning Director is authorized to investigate complaints and serve citations on persons charged with a violation of this ordinance.

All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this ordinance. Failure to comply with applicable provisions constitutes a violation of this ordinance. Express violations include but are not limited to the following:

1. Using land or buildings in any way not consistent with the requirements of this ordinance;
2. Erecting a building or other structure in any way not consistent with the requirements of this ordinance;
3. Engaging in the development of land in any way not consistent with the requirements of this ordinance;
4. Developing or subdividing land inconsistent with the standards and procedures of this ordinance;
5. Subdividing, transferring or selling land unless the subdivision has been approved and recorded, as provided in this ordinance;
6. Installing or using of a sign in any way not consistent with the requirements of this ordinance;
7. Failing to maintain any building, structure, landscape feature or natural resource area required to be maintained by this ordinance;
8. Engaging in the use of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this ordinance without obtaining all such permits or approvals;
9. Failing to comply with any permit or approval granted under this ordinance;
10. Failing to comply with any condition imposed on a permit or approval, specifically including conditions of approval on a planned unit development, site plan, administrative adjustment or variance;
11. Obscuring, obstructing, removing or destroying any notice required to be posted or otherwise given under this ordinance;
12. Otherwise undertaking any development or establishing any use in a manner that does not comply with this ordinance.

Upon determination that a violation exists, a written violation notice shall be delivered to the property owner and lessee or holder of the development approval by first class mail, personal delivery, electronic delivery, or posted on the property as provided in G.S. 160D-404 (a). If posted on the property, the person posting the notice shall certify to the Town that the notice was provided. Such notice must include:

1. A description of the property involved;
2. Applicable sections of the Town ordinance upon which the violation is based;
3. A statement of the nature of the violation; and
4. The time allowed for correction of the violation shall be within 30 days of the notice of violation or within a longer time period as established by the Planning Director based on an assessment of the nature/scale of the zoning violation.

The property owner, tenant or occupant of any land or structure, or part thereof, or any , builder, contractor, , authorized agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this ordinance is jointly and severally liable for the violation and subject to all available penalties and remedies.

In addition to the following remedies and enforcement powers, the Town may enforce this ordinance by any one or more of the remedies authorized by Chapter 160A-175 of the General Statutes.

The remedies and enforcement powers established in this ordinance are cumulative. All remedies and penalties provided in this ordinance are in addition to all other provisions of this code, and not in lieu or exclusive thereof.

The Town may deny or withhold all permits, certificates or other forms of authorization on any parcel of land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this ordinance.

Any sign installed or placed on public property, except in compliance with the regulations of the Town of Indian Trail UDO, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the Town has the right to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.

Whenever any work or activity is undertaken in substantial violation of any State or local law. or in a manner that endangers life or property, a stop work order may be issued in accordance with G.S. 160D-404 (b). Individuals may appeal stop work orders with the Planning Director within 15 days of receiving the order.

Any person who violates any provisions of this Ordinance shall be subject to assessment of a civil penalty in the amount prescribed for the first and each successive violation of the same provision. The following penalties are hereby established:

1. Each day any single violation continues shall be a separate violation. Unless expressly stated otherwise in a chapter or appendix, a violation of this Ordinance shall not constitute a misdemeanor pursuant to N.C.G.S. 14-4. If the offender fails to correct a violation by the prescribed deadline after being notified of said violation, a civil penalty may be incurred and the penalty may be recovered in a civil action in the nature of a debt.
2. Upon failure of the violation to obey the warning citation, a civil citation may be issued by the enforcement official, either served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the County or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of said citation. The Notice of Civil Citation shall direct the violator to appear in person at the Town Hall to pay the penalty within fifteen (15) days of the date of the Civil Citation, or alternatively to pay the citation by mail. The violation for which the penalty is issued must have been corrected by the time the penalty is paid, otherwise further penalties shall accrue. Penalties accrue from the date initially in the Notice of Civil Citation and will continue without further notice, for each day the offense continues, until the prohibited activity is corrected, ceased, or abated.
3. If the violator fails to respond to a citation within fifteen (15) days of its issuance, and pay the penalty therein, the Town of Indian Trail may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty, costs, attorney fees, and such other relief as permitted by law.

1. Development approvals shall be revoked for any of the following circumstances:
   1. Substantial departure from the approved application, plans, or specifications;
   2. For refusal or failure to comply with the requirements of any applicable Town development regulation or any State law delegated to the Town for enforcement purposes in lieu of the State;
   3. For false statements or misrepresentations made in securing the approval; or
   4. For any development approval mistakenly issued in violation of an applicable State of local law.
      
2. The Town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.
3. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405.
4. If an appeal is filed, the provisions of G.S. 160D-405 (e) regarding stays shall be applicable.
   

Nothing in this ordinance will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the Town under previous, valid ordinances and laws.