This ordinance and the provisions set forth herein shall apply to all property within the Town of Jamestown and its area of jurisdiction. The planning department shall have the authority to enforce the provisions of the ordinance within this area.

23.2-1.

Establishment and Authority. Unless specifically set forth otherwise in this ordinance, the Town of Jamestown planning director or his/her designee shall be the enforcement officer with the duty of administering and enforcing the provisions of this ordinance. The planning director may designate one or more employees of the Town to assist in the administration and enforcement this ordinance. Orders issued by the planning director's designee shall have the effect as if issued by the planning director. The planning director, or designee, may enter any building, structure, or premises as provided by law, to perform any duty imposed upon him/her by this ordinance.

23.2-2.

General Duties. The planning director shall:

(A)

Establish and publish application procedures for permits, appeals, and actions pursuant to this ordinance and forms implementing the same;

(B)

Issue permits and certificates pursuant to this ordinance;

(C)

Review and approve all development plans and permits to assure that the permit requirements of this ordinance have been satisfied;

(D)

Interpret the applicability of the provisions of this ordinance in matters where the text does not clearly provide guidance;

(E)

Maintain all records pertaining to the provisions of this ordinance in his/her office(s) and make said records open for public inspection;

(F)

Periodically inspect properties and activities for which permits have been issued to determine whether the use(s) is being conducted in accordance with the provisions of this ordinance;

(G)

Cause to be investigated violations of this ordinance;

(H)

Enforce the provisions of this ordinance;

(I)

Issue notice of corrective action(s) when required;

(J)

Use the remedies provided in this ordinance to gain compliance;

(K)

Be authorized to gather evidence in support of said activities;

(L)

Receive appeals and forward cases to the appropriate body; and

(M)

Perform other duties as may be assigned by the town council and/or the planning board.

Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this article and by state law.

23.3-1.

Development Without Permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon the land or improvements thereon subject to the jurisdiction of this ordinance without all required permits, certificates, or other forms of authorization as set forth in this ordinance.

23.3-2.

Development Inconsistent With Permit. To engage in any development, use, construction, remodeling, 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.

23.3-3.

Violation by Act or Omission. To violate, by act or omission, any term, variance or waiver, condition, or qualification placed by the town council or its agent boards upon any required permit, certificate, or other form of authorization for the use, development, or other activity upon land or improvements thereon.

23.3-4.

Use in Violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this ordinance, or any other regulation made under the authority conferred thereby.

23.3-5.

Subdivide in Violation. To subdivide land in violation of this ordinance or transfer or sell land by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has been properly approved under this ordinance and recorded in the Office of the Register of Deeds of Guilford County. 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 from violation of this ordinance.

23.3-6.

Continuing Violations. Each day's violation of any provision of this ordinance is a separate and distinct offense.

It is the intention of this ordinance, unless otherwise provided, that all questions arising in connection with the enforcement of this ordinance shall be presented first to the planning director and that such questions shall be presented to the board of adjustment only on appeal from the planning director's decision. An appeal from the decision of the board of adjustment shall be by proceedings in the nature of certiorari to the Superior Court of Guilford County as provided by law.

Any town employee charged with enforcement of the provisions of this ordinance is authorized to conduct investigations deemed necessary to carry out the duties prescribed in this ordinance and, for this purpose, to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this ordinance.

Any town employee charged with enforcement of the provisions of this ordinance is authorized to require written statements, certificates, certifications, or the filing of reports with respect to pertinent questions relating to complaints or alleged violations of this ordinance.

Failure of any town employee charged with enforcement of the provisions of this ordinance to observe or recognize conditions that violate this ordinance, or to deny the issuance of a grading permit, does not relieve the property owner from responsibility for the resulting conditions or damages and does not result in the Town, its officers, or agents being responsible for resulting conditions or damages.

When the planning director or his/her agent investigates and alleged violation of these Ordinances and finds that a violation has occurred, it shall be his/her duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall remedy the violation at the earliest reasonable date, which is to be set at the discretion of the planning director or his/her designee.

23.5-1.

Notice of Violation. If the owner or occupant of the land, building, sign, structure, or use in violation fails to take prompt corrective action, the employee charged with enforcement of the ordinances shall give the alleged violator and landowner (if different) written notice (by certified or registered mail, hand delivery, email or other electronic means, or first-class mail) to the violator's last known address, or by personal service, or by posting notice of the violation conspicuously on the property (G.S. § 160D-404) and shall be certified by the enforcement officer for the file, or in accordance with Rule 4 of the North Carolina Rules of Civil Procedure. The notice of violation shall include, but not be limited to:

(A)

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

(B)

The nature of the violation, and citation of the section of this ordinance violated;

(C)

The measures necessary to remedy the violation;

(D)

The opportunity to cure the violation within a prescribed period of time.

(E)

That the party cited has the right to appeal the notice within 30 days.

Where the person violating a provision of this article is not the owner of the property, the Town should generally send a notice of violation to both the tenant and the owner of the property. The notice to the tenant need not be sent via certified or registered mail but may be sent via First Class mail at the discretion of the enforcement officer. It is recommended that all mailings sent by certified or registered mail also be sent via First Class mail as well.

23.5-2.

Extension of Time to Remedy. Upon receipt of a written request from the alleged violator or the property owner for an extension of time to remedy or correct the violation, the planning director or other town official charged with the duty of enforcing the regulations(s) being violated may grant two 30-day extensions of time, not to exceed a total of 60 calendar days in which the alleged violator may cure or correct the violation before the Town pursues enforcement action as provided for in this section. The alleged violator may request a further extension from the town council if more than the 60-day extension period is needed to remedy or correct the violation.

23.5-3.

Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the planning director to the board of adjustment (unless this ordinance has specified that another board shall hear the appeal of the violation) within 30 calendar days following receipt of the written notice of the determination of violation.

The board of adjustment, or other designated board, shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the remedies and penalties sought by the planning director in the notice of violation shall be final. Notice of such hearing and a subsequent decision by the board of adjustment shall be provided as required by this ordinance and state statutes.

23.5-4.

Order of Corrective Action. If upon a hearing held pursuant to an appeal as prescribed above, the board of adjustment shall find that the owner or occupant is in violation of this ordinance, the board of adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.

23.5-5.

Failure to Comply with an Order. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or an order of corrective action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state law and Section 23.6 (Remedies). If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.

Anyone or all of the following procedures may be used to enforce the provisions of this ordinance. All available remedies for violations of this ordinance are cumulative. To the extent that North Carolina law may limit the availability of a particular remedy authorized by this ordinance for a certain violation, such remedy remains available for other violations or other parts of the same violation. If an owner or occupant repeats the same violation within a five-year period from the date of the initial violation, that repeat violation will be considered to be a continuation of the initial violation and is subject to additional penalties and remedies.

23.6-1.

Injunction. Any violation of this ordinance or of any condition, order, requirement, or remedy adopted pursuant to this ordinance may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. The institution of an action for injunctive relief under this section does not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this ordinance.

23.6-2.

Civil Penalties. Any person who violates any provisions of this ordinance shall be subject to the assessment of a civil penalty under the procedures provided in Section 23.7 (Civil Penalties—Assessments and Procedures).

23.6-3.

Denial of Permit or Certificate. The planning director may withhold or deny any permit, certificate, occupancy permit or other form of authorization on any land, building, sign, structure, 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.

23.6-4.

Conditional Permit or Temporary Certificate. The planning director may 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.

23.6-5.

Stop Work Orders. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the planning director may order the work to be immediately stopped. The stop work order shall be in writing and directed to the owner, 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. Such action shall be in accordance with G.S. § 160D-404(b), or the N.C. Building Code.

23.6-6.

Revocation of Permits and Development Approvals. The planning director may revoke and require the return of a permit by notifying the permit holder in writing stating the reason for the revocation. Permits 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. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. Violations of development approvals other than administratively issued permits may be brought to the applicable approving body for consideration of revocation. Such revocation shall be considered in the same manner as the original development approval process.

23.6-7.

Criminal Penalties. Any violation of this ordinance may be enforced as a misdemeanor as provided for by Sections 14-4, subject to a maximum fine of $500.00, and G.S. § 113A-64, subject to a maximum fine of $5,000.00. Any person who knowingly or willfully violates any soil erosion and sedimentation control provision of this ordinance, or rule or order adopted or issued pursuant to the soil erosion and sedimentation control provisions, or who knowingly or willfully initiates or continues a land-disturbing activity for which a soil erosion and sedimentation control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is guilty of a misdemeanor punishable by imprisonment not to exceed 90 days, or by a fine not to exceed $5,000.00, or both.

23.6-8.

State and Common Law Remedies. In addition to other enforcement provisions contained in this article, the town council may exercise any and all enforcement powers granted to it by state law or common law.

23.7-1.

Penalties. Any person who violates any provision of this ordinance, including the owner and/or occupant (when permissible) of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this ordinance may be held responsible for the violation and subject to the penalties and remedies provided in this ordinance.

23.7-2.

Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation in accordance with Section 23.5-1 (Notice of Violation). If after receiving a notice of violation under Section 23.5-1, the owner or other violator fails to take corrective action within ten days, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the manner of a notice of violation. The citation 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.

The following penalties are hereby established:

If the offender fails to pay the civil penalties within 15 days after having been cited, the Town may recover the penalties in a civil action in the nature of debt.

23.7-3.

Responsible Parties. The owner or occupant of any land, building, structure, sign, or use of land or part thereof and any architect, builder, contractor, agent, or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of this ordinance may be held responsible for the violation and subject to the civil penalties and remedies herein provided.

23.7-4.

Continuing Violation. For each day thereafter (ten-day notice and 15 days to pay penalty after notice), if the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

23.7-5.

Demand for Payment. Any town employee charged with enforcement of the provisions of this ordinance will determine the amount of civil penalty to be assessed and make written demand for payment of penalties upon the owner or person in violation. This written demand must include a description of the violation for which the civil penalties have been imposed. Separate notices must be provided for the first, second, third and fourth violations. After notice and demand for payment for the fourth violation, penalties may be assessed and accrue on a daily basis without any further notice to the property owner. Any town employee charged with enforcement of the provisions of this ordinance may, in consultation with the appropriate director, reduce the penalties assessed in this ordinance, based on criteria set forth in departmental guidelines. Modification of penalties is at the sole discretion of the subject department.

23.7-6.

Nonpayment. 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 for institution of a civil action in the appropriate division of the general courts of justice for recovery of the civil penalty. Provided, however, if the civil penalty is not paid within the time prescribed, the planning director may have a criminal summons or warrant issued against the violator. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to G.S. § 14-4.

23.8-1.

State and Common Law Remedies. In addition to other enforcement provisions contained in this Article, the town council may exercise any and all enforcement powers granted to it by state law or common law.

23.8-2.

Previous Enforcement. Nothing in this ordinance shall prohibit the continuation of previous enforcement actions.

23.9-1.

Cumulative Violations. 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.

23.9-2.

Repeat Violations. If an owner or occupant repeats the same violation within a five-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.

23.10-1.

Summary Removal. Pursuant to G.S. § 160A-193, the Town shall have the authority to summarily remove, abate, or remedy a sign or sign structure which the Town determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by the sign owner, or if the sign owner cannot be ascertained, by the property owner, and if not paid, there shall be a lien placed upon the land or premises where the nuisance arose, and it shall be collected as unpaid taxes.

23.10-2.

Prohibited Signs a Public Health Nuisance. Pursuant to G.S. §§ 160A-193 and 160A-296, any signs or sign structures prohibited by Article 17 of this ordinance are hereby declared to be a public health nuisance in that they are dangerous or prejudicial to the public health or public safety and the planning director shall have the authority to remove summarily the sign and/or sign structure.

23.10-3.

Remove Order. The planning director shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time prescribed by a notice of violation. Remove orders shall be issued to and served upon the sign/sign structure owner, or if the sign/sign structure owner cannot be ascertained, to and upon the property owner by the means set forth in Section 23.5-1. The sign or sign structure shall be removed 30 days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign or sign structure to be removed and the reason(s) for issuance of the remove order, including specific reference to the provisions of Article 17 of this ordinance that have been violated.

23.10-4.

Failure to Comply. In the event of failure to comply with the requirements of a remove order, the planning director may cause such sign or sign structure to be removed. The sign owner and property owner may be jointly and separately liable for the expense of removal. Notice of the cost of removal shall be served as set forth in Section 23.5-1. If said sum is not paid within 30 days thereafter, said sum may be collected by the Town in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of G.S. § 14-4.