Kenansville City Zoning Code
SUBDIVISION STANDARDS
§ 152.350 DESIGN.
All proposed subdivisions, including group developments, shall comply with this subchapter, and shall be designed to promote beneficial development of the community and shall bear a reasonable relationship to the approved plans of the town.
(Ord. passed 3-5-2018)
§ 152.351 REASONABLE RELATIONSHIP.
All required improvements, easements and rights- of-way (other than required reservations) shall substantially benefit the development or bear a reasonable relationship to the need for public facilities attributable to the new development.
(Ord. passed 3-5-2018)
§ 152.352 OFF-SITE CONNECTIONS.
When, in the opinion of the approving body, it is necessary to connect streets and/or utilities off-site to adjoining streets and/or utilities, said improvements may be required in accordance with town policy.
(Ord. passed 3-5-2018)
§ 152.353 LAND SUITABILITY.
Land which has been determined, on the basis of an engineering assessment or other expert survey, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose until the subdivider has taken the necessary measures to correct said conditions and to eliminate said dangers. Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the county’s Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed.
(Ord. passed 3-5-2018)
§ 152.354 PLACEMENT OF MONUMENTS.
The Standards of Practice for Land Surveying in North Carolina, as adopted by the state’s Board of Registration for Professional Engineers and Land Surveyors, shall apply when installing permanent monuments.
(Ord. passed 3-5-2018)
§ 152.355 PROPERTY OWNERS’ ASSOCIATIONS.
(A) Creation. An owners’ association shall be established to fulfill requirements of the state’s Condominium Act being G.S. §§ 47C-1-101 et seq., the Planned Community Act being G.S. §§ 47F-1-101 et seq. or to accept conveyance and maintenance of all common elements (common areas) within a development. The owners’ association shall be in legal existence prior to the conveyance, lease-option or other long-term transfer of control of any unit or lot in the development.
(B) Conveyance. Where developments have common elements serving more than one dwelling unit, these areas shall be conveyed to the owners’ association, in which all owners of lots in the development shall be members. All areas other than public street rights-of-way, other areas dedicated to the town, and lots shall be designated as common elements. In a condominium development the common elements shall be platted in accordance with the state’s Condominium Act. In other developments, the fee- simple title shall be conveyed by the subdivider or developer to the owners’ association prior to the sale of the first lot.
(C) Subdivision or conveyance of common elements. Common elements shall not subsequently be subdivided or conveyed by the owners’ association unless a revised preliminary plat and a revised final plat showing such subdivision or conveyance have been submitted and approved.
(D) Minimize number of associations. Developments, whether including different land uses, different types of housing or simply different sections, shall hold the number of owners’ associations to a minimum. An association may establish different categories of membership, different budgets for the categories and different rates of assessment when different kinds of services are provided to different categories. Smaller associations under an umbrella (master) association are permitted.
(E) Exemption from owners’ association requirement. A development involving only two units attached by a party wall (or two separate walls back-to-back) shall not be required to have common elements or an owners’ association. Such developments without an owners’ association shall establish a binding agreement between owners to govern any party walls and to ensure reciprocal easement rights needed for maintenance.
(Ord. passed 3-5-2018)
§ 152.356 LOT DIMENSIONS AND STANDARDS.
The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following.
(A) Conformance with other regulations. Every lot shall have sufficient area, dimensions and street access to permit a principal building to be erected thereon in compliance with all zoning and other requirements of this chapter.
(B) Minimum building area. Every lot shall have at least a contiguous buildable area of a shape sufficient to hold a principal building. Said area shall lie at or be filled to an elevation at least one foot above the 100-year flood elevation.
(C) Lot depth to width ratio. No lot shall have a depth greater than four times the width at the minimum front street setback.
(D) Side lot line configuration. Side lines of lots should be at or near right angles or radial to street lines.
(E) Lot lines and drainage. Lot boundaries shall coincide with natural and pre-existing manmade drainageways to the extent practicable to avoid lots that can be built upon only by altering such drainageways.
(F) Lots on thoroughfares. Major subdivisions shall not be approved that permit individual residential lots to access major and minor thoroughfares.
(G) Access requirements.
(2) Flag lots meeting the following requirements.
(a) A flag lot shall contain only one single-family dwelling and its uninhabited accessory structures.
(b) The maximum flagpole length shall be 300 feet which includes the flagpole neck length and accompanying lot depth.
(c) The minimum flagpole width shall be 25 feet.
(d) The maximum lot size in areas with public sewer shall be one acre.
(e) The maximum lot size without public sewer shall be three acres. (Note: the flagpole portion of the lot is not used to calculate area, width, depth, coverage and setbacks of the lot or to provide off-street parking.)
(f) Where public water is available, any building on the flag lot must be within 500 feet of a fire hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building location.
(g) Where public sewer is available, occupied buildings on the flag lot shall have a gravity service line, or the sewer pump requirement shall be noted on the plat.
(h) Use of a single driveway to serve adjoining flag lots or to serve a flag lot and an adjoining conventional lot is permitted and encouraged. In the latter case, the preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole.
(Ord. passed 3-5-2018)
§ 152.357 STREETS.
(A) Dedication of right-of-way. Right-of-way for public streets shall be dedicated to the town pursuant to G.S. Ch. 160A, Art. 19, Part 2, and other applicable state laws. When dedication cannot be required, any future street right-of-way indicated on adopted thoroughfare plans or collector street plans shall be shown on the plat.
(B) Conformance with thoroughfare plans and collector street plans. The location and design of streets shall be in conformance with applicable thoroughfare plans and collector street plans. Where conditions warrant, right-of-way widths and pavement widths in excess of the minimum street standards may be required.
(C) Conformance with adjoining street systems. The planned street layout of a proposed subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts.
(D) Access to adjoining property. Where in the opinion of the approving body, it is desirable to provide for street access to adjoining property, proposed streets shall be extended to the boundary of such property. The minimum number of points of street access shall be based on the number of dwelling units in the proposed development as set forth below:
(1) Residential developments with more than 50 lots or dwelling units shall have at least two separate points of public road access.
(2) Residential developments with more than 150 lots or dwelling units shall have at least three separate points of public road access.
(E) Reserve strips. Reserve strips adjoining street rights-of-way for the purpose of preventing access to adjacent property shall not be permitted under any condition.
(F) Street classification. The final determination of the classification of streets in a proposed subdivision shall be made by the town. Street classifications are defined in § 152.012 of this chapter.
(G) Public street design criteria. Public streets shall be constructed in accordance with the standards contained in the NCDOT Roadway Design Manual or the NCDOT Subdivision Roads Minimum Construction Standards, as appropriate.
(H) Private street design criteria.
(1) Where permitted. Private streets shall be permitted in single-family detached residential developments, townhouses developments and in residential developments that are gated or otherwise secured self-contained developments that have their access to public street(s) at one or more secured points.
(2) Design and construction. The pavement, construction and design standards for all private streets will be equivalent to the standards for local residential streets unless the developer supplies an alternate pavement design (supported by an engineering study) approved by the town. The developer must furnish an engineer’s seal and certification that the private streets have been tested and certified for the subgrade, base and asphalt. Common area may need to be widened to include the side ditch section. All cul-de-sacs shall have a minimum 40-foot pavement radius.
(3) Through streets. No through street in a residential area connecting two public streets can be designated as a private street.
(4) Connections to public streets. All private streets connecting with public streets require approved driveway applications from the town (or NCDOT if applicable).
(5) Sidewalks. Where sidewalks are installed, they shall be in accordance with all applicable standards as specified in this chapter and shall meet or exceed the town’s standard specifications for sidewalks.
(I) Street intersections. Street intersections shall be as nearly at right angles as possible. Property lines at street intersections shall be a tangent connecting points on each right-of-way line, which are located a minimum distance of 20 feet back from the intersection of the two right-of-way lines in residentially zoned areas and 50 feet in non-residential zoned areas.
(J) Streets crossing natural areas. All streets crossing natural areas, wetlands or streams shall cross at or as near to 90 degrees as possible within topographic limits.
(K) Spacing between intersections. Offset intersections are not desirable and should be avoided. Intersections that cannot be aligned should be separated in accordance with the design standards established by street classification. The higher classification street involved shall determine the distance between intersections along that street. In the event of unusual topography, a distance less than the design standard, but in no case less than 150 feet, may be allowed by the approving body.
(L) Maximum length of blocks and cul-de-sacs. The maximum length of a block and the maximum distance from an intersecting through street to the end of a cul-de-sac shall be 1,000 feet.
(M) Temporary turnarounds. Streets stubbed to adjoining property or to phase lines may be required to have temporary turnarounds at the end of the street sufficient to permit sanitation vehicles to turn around.
(N) Grades at intersections. The grade on stop streets approaching an intersection shall not exceed 5% for a distance of 100 feet from the centerline of the intersection.
(O) Street names. Street names, prefixes, suffixes and addresses shall conform to the guidelines and policies set forth by the county’s E-911 street naming and addressing standards.
(P) Street and traffic-control signs.
(1) Street signs.
(a) The town shall erect street name signs at each intersection of public streets. Public street signs shall contain white lettering on a green background. The town shall be reimbursed by the developer for the expense of installing these signs.
(b) At each intersection of a named private street or drive with a public street, the town shall erect a street name sign and the developer shall reimburse the town for the expense of installing the sign.
(c) At each intersection between private streets or drives, the developer shall be required to erect and maintain signs fabricated with retroreflective material, with green lettering on a white background as approved by the town.
(2) Traffic-control signs. The developer shall provide traffic control signs that meet the Manual on Uniform Traffic Control Devices (MUTCD) standards in locations designated by the town.
(3) Maintenance. Maintenance of signs on private streets or drives shall be the responsibility of the owner or owners’ association, as appropriate.
(Ord. passed 3-5-2018)
§ 152.358 SIDEWALKS.
(A) General. Sidewalks shall be installed along public streets that are within or abut a subdivision and at other locations as specified below.
(B) Required locations.
(1) Along both sides of new and existing major thoroughfares and minor thoroughfares.
(2) Along one side of new and existing collector and sub-collector streets, except that upon review by the approving body, both sides may be required where one or more of the following conditions exists:
(a) The current or projected average daily traffic volume is greater than 8,000 vehicles per day;
(b) The posted speed limit is greater than 35 mph;
(c) The street is identified as a pedestrian route on the town’s Pedestrian Plan; and
(d) Other pedestrian safety, access or circulation needs are identified.
(3) Along one side of new and existing local streets, unless other pedestrian safety, access or circulation needs are identified.
(C) Exempt locations.
(1) Along new and existing local and sub-collector residential streets where, upon review by the approving body, the following conditions are found to exist:
(a) The proposed development is within an area consisting predominantly of existing single-family residential development, where no sidewalks are present;
(b) The character and size of the proposed development will not result in substantial additional pedestrian facility needs; and
(c) There are no new pedestrian facilities planned or identified in the town’s Pedestrian Plan that would provide a pedestrian connection to the proposed development.
(2) Along existing streets in predominantly industrial areas where no sidewalks are present and where, upon review by the approving body, a sidewalk is not deemed necessary or feasible.
(3) Along new and existing cul-de-sac streets and permanent dead-end streets, which are 800 feet or less in length and which are not strategic pedestrian routes.
(D) Extent.
(1) Sidewalks required by this chapter shall be constructed along that portion of the street or streets that the parcel abuts, for the full length of the property line abutting the street or streets.
(2) Where sidewalks are required to be installed on one side of a street, the approving body shall determine upon which side the sidewalks are to be installed, in accordance with the town’s standard specifications for sidewalks.
(E) Construction standards. All sidewalks, whether required by this chapter or installed voluntarily, shall be constructed to the town’s standard specification for sidewalks and have a minimum width of five feet and a minimum thickness of four inches of concrete.
(Ord. passed 3-5-2018)
§ 152.359 UTILITIES.
(A) Public water and sewer construction requirements. Water and sewer lines, connections and equipment shall be constructed in accordance with the town’s standard specification for utility line construction.
(B) Water and sewer connections. Connection of each lot to public water and sewer utilities shall be required if the proposed subdivision is within 300 feet of the nearest adequate line of a public system, provided that no geographic or topographic factors would make such connection infeasible. Where public sewer is not available, lots shall meet applicable County Environmental Health Division regulations. Approval of the Environmental Health Division shall be obtained after preliminary plat approval. The final plat shall show the certificate of approval from the Environmental Health Division as shown in § 152.362 of this chapter.
(C) Underground utilities. Electrical, telecommunication, cable television and other utility lines installed within major subdivisions shall be underground unless the approving body determines underground installation is inappropriate.
(D) Utility easements.
(1) Widths. To provide for electric, telecommunication, cable television and gas services, conduits and water and sewer lines within a subdivision, appropriate utility easements not to exceed 30 feet in width shall be provided. The location of such easements shall be reviewed and approved by the approving body, with advice from utility providers, before final plat approval.
(2) Restrictions on improvements. Utility easements shall be kept free and clear of any buildings or other improvements that would interfere with the proper maintenance or replacement of utilities. The town shall not be liable for damages to any improvement located within the utility easement area caused by maintenance or replacement of utilities located therein.
(E) Street lights. All subdivisions and developments involving public streets within the corporate limits shall have public street lights provided and be maintained by the town or the town’s agent.
(F) Fire protection. Fire protection equipment shall be installed in locations as determined by the town’s Volunteer Fire Department in consultation with the town or county water system supervisor as appropriate.
(Ord. passed 3-5-2018)
§ 152.360 FLOOD DAMAGE PREVENTION.
All subdivision proposals shall be designed in a manner consistent with the need to minimize flood damage and shall comply with all requirements set forth in Ch. 151 of this code of ordinances.
(Ord. passed 3-5-2018)
§ 152.361 SUBDIVISION PLAT CONTENT STANDARDS.
Preliminary | Final | Information |
Preliminary | Final | Information |
Title block containing | ||
X | X | Property designation |
X | X | Name of property owner |
X | X | Location |
X | X | Date or dates survey was conducted and plat prepared |
X | X | Scale in feet per inch in words or figures and a bar graph |
X | X | Name, address, registration number and seal of the registered land surveyor and/or engineer who prepared the plat |
The following data concerning location and land use | ||
X | X | Sketch vicinity map showing the relationship between the proposed subdivision and surrounding area |
X | X | Corporate limits |
X | X | Town Historic District boundaries if applicable |
X | X | North arrow and orientation |
X | The boundaries of the tract or portion thereof to be subdivided distinctly and accurately represented with all bearings and distances shown | |
X | The exact boundary lines of the tract to be subdivided, fully dimensioned by lengths and bearings and the location of existing boundary lines of adjoining lands | |
X | X | The names of owners of adjoining properties |
X | X | The name of any adjoining subdivision of record or those under review |
X | X | Minimum building setback lines |
X | The zoning classifications of the tract to be subdivided and adjoining properties, if applicable | |
X | X | Existing property lines on the tract to be subdivided |
X | X | Existing buildings or other structures, watercourses, railroads, bridges and the like |
X | X | Proposed lot lines, lot and block numbers and approximate dimensions |
X | X | The lots numbered consecutively throughout the subdivision |
X | X | Wooded areas, marshes, swamps, out-crops, ponds or lakes, streams or stream beds and other natural features affecting the site |
X | X | The exact location of the flood hazard areas from the community’s FHBM or other FEMA maps |
X | X | Base flood elevations |
X | X | 404 wetland boundaries |
The following data concerning streets | ||
X | Proposed streets | |
X | X | Existing and platted streets on adjoining properties and in the proposed subdivision |
X | X | Right-of-way, locations and dimensions |
X | Pavement widths | |
X | Approximate grades | |
X | X | Design engineering data for all corners and curves |
X | Typical street cross-sections | |
X | X | Street names and evidence that names have been approved by E-911 |
X | Street maintenance agreement | |
X | Evidence that the sub divider has obtained approval (DOT) approval on street design and driveway permits | |
X | X | Utility and other easements |
X | X | Natural buffers |
X | X | Greenways, sidewalks or bicycle paths |
X | X | Parks and recreation areas with specific type indicated |
X | X | Areas to be dedicated to or reserved for public use |
X | X | Areas to be used for purpose other than residential with the purpose of each stated |
X | X | The future ownership (dedication or reservation for public use to government body, for owners to duly constituted homeowner’s association or for tenants remaining in sub divider’s ownership) of recreation and open space lands |
Plans for utility layouts including | ||
X | Sanitary sewers | |
X | Storm sewers | |
X | Other drainage facilities, if any | |
X | Water distribution lines | |
X | Natural gas lines | |
X | Communications lines | |
X | Electric lines | |
X | Illustration of connections to existing systems, showing line sizes, the location of fire hydrants, blowoffs, manholes, force mains and gate valves | |
X | Profiles based upon mean sea level datum for sanitary sewers and storm sewers | |
Site calculations including | ||
X | X | Acreage in total tract to be subdivided |
X | X | Acreage in parks and recreation areas and other non-residential uses |
X | X | Total number of parcels created |
X | Size of the smallest lot in the subdivision | |
X | X | Linear feet in streets |
X | X | The name and location of any property buildings within the proposed subdivision or within any contiguous property that is located on the U.S. Department of Interior’s National Register of Historic Places |
X | Sufficient engineering data to determine readily and reproduce on the ground every straight or curved line, street line, right-of-way, easement line and setback line, including dimensions, bearings or deflection angles, radii, central angles and tangent distance for the centerline of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest 1/100 of a foot and all angles to a minimum angular accuracy of the nearest minute | |
X | The accurate locations and descriptions of all monuments, markers and control points | |
X | A copy of any proposed deed restrictions is mandatory when private recreation areas or common areas are established | |
X | Evidence of erosion control plan approval | |
X | Topographic map with contour intervals as determined by the Ordinance Administrator | |
(Ord. passed 3-5-2018)
§ 152.362 REQUIRED SUBDIVISION PLAT CERTIFICATIONS.
(A) Certificate of ownership and dedication.
The undersigned hereby certifies that the land shown here on is owned by the undersigned, and hereby freely dedicates all rights-of-way, easements, streets, recreation areas, open spaces, common areas, utilities and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity. Owner(s) Date |
(B) Certificate of survey and accuracy.
I, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the ratio of precision is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this plat was prepared in accordance with G.S. § 47-30, as amended. Witness my original signature, registration number and seal this day of , A.D. 20 . Surveyor Seal or Stamp Registration Number |
(C) Certificate of Review Officer.
I, , Review Officer of Duplin County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. Review Officer Date |
(D) Certificate of land use regulation and purpose of plat.
I, , certify to one of the following: a. That this survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land; b. That this survey is located in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land; c. Any one of the following: 1) That this survey is of an existing parcel or parcels of land and does not create a new street or change an existing street; 2) That this survey is of an existing building or other structure, or natural feature, such as a watercourse; or 3) That this survey is a control survey. d. That this survey is of another category, such as the recombination of existing parcels, a court-ordered survey or other exception to the definition of subdivision; e. That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in a) through d) above. Surveyor Seal or Stamp Registration Number |
(E) Certificate of approval of proposed state roads.
I hereby certify that these streets as installed, or as designed and guaranteed, are in accordance with the minimum design criteria presently required by the North Carolina Department of Transportation, Division of Highways, for the acceptance of streets onto the state system for maintenance. District Engineer Date North Carolina Department of Transportation Division of Highways |
(F) Certificate of approval of proposed town roads.
I hereby certify that these streets as installed, or as designed and guaranteed, are in accordance with the minimum design criteria presently required by the Town of Kenansville, for the acceptance of streets onto the town system for maintenance. Director of Public Works Date Town of Kenansville |
(G) Certificate of approval of on-site sewage disposal systems.
I hereby certify that the lot(s) on this final plat have been evaluated under the current provisions of Title 15A NCAC 18A.1900 et seq., and found that it/they has/have acceptable soils for an on-site, subsurface sewage treatment and disposal system. Duplin County Environmental Health Date |
(H) Certificate of lots served by public water and/or sewer systems.
I hereby certify that the construction plans for the water system and/or sewer system have been approved for (Name of Subdivision). The utilities have been constructed, or secured via a financial guarantee, to (Service Provider) standards. Authorizing Agent (PW Director if Town) Date |
(I) Certificate of major subdivision approval.
I hereby certify that the major subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Kenansville, North Carolina, and that this plat has been approved by the Kenansville Town Board of Commissioners for recording in the office of the Register of Deeds. This approval is valid for a period of 30 days from the date of the Mayor’s signature. Mayor, Town of Kenansville Date |
(J) Certificate of minor subdivision approval.
I hereby certify that the minor subdivision plat shown hereon has been found to comply with the Town of Kenansville Subdivision Regulations. His or her approval is valid for a period of 30 days from the date of the Ordinance Administrator’s signature. Town of Kenansville Ordinance Administrator Date |
(K) Certificate of recombination plat approval.
I hereby certify that the recombination plat shown hereon has been found to comply with the Town of Kenansville Subdivision Regulations. His or her approval is valid for a period of 30 days from the date of the Ordinance Administrator’s signature. Town of Kenansville Ordinance Administrator Date |
(L) Certificate of exemption.
I hereby certify that the division of land shown and described here on is not division of land subject to the Town of Kenansville Subdivision Regulations. No approval of this plat is required. Town of Kenansville Ordinance Administrator Date |
(Ord. passed 3-5-2018)
§ 152.999 PENALTY.
(A) Remedies and penalties. Any of the following remedies and enforcement powers may be used to administer and enforce this chapter following a final notice of violation as described in § 152.099(C) of this chapter. While the town may exercise any of the following remedies or penalties at any point following issuance of a final notice of violation and the required correction period, the following remedies and penalties are listed in their general order or sequence of application.
(1) Repeat violations. In addressing repeat violations by the same offender over any three-year period, the town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.
(2) Civil penalty.
(a) In addition to the other remedies cited in this chapter for the enforcement of its provisions, and pursuant to G.S. § 160A-175, the standards in this chapter may be enforced through the issuance of civil penalties by the Ordinance Administrator.
(b) Subsequent citations for the same violation may be issued each day by the Ordinance Administrator if the offender does not pay the citation after it has been issued unless the offender has sought an appeal to the actions of the Ordinance Administrator through an appeal of administrative decision.
(c) Civil penalties shall be issued in the following amounts:
1. First citation: $50;
2. Second citation: $100; and
3. Third and subsequent citations: $150.
(d) If the offender fails to pay the civil penalty within 15 days after having been cited, the town may recover the penalties in a civil action in the nature of debt.
(3) Stop work order. Whenever a building or structure is being constructed, demolished, renovated, altered or repaired in violation of any applicable provision of this chapter, the Ordinance Administrator may order the revocation of the zoning permit for such work and request a stop work order be issued by the county’s Building Inspections Department. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.
(4) Revocation of zoning permit. The Ordinance Administrator may revoke any zoning permit by written notification to the permit holder when violations of this chapter have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this chapter or a permit has been mistakenly issued in violation of this chapter.
(5) Injunction. When a violation occurs, the Ordinance Administrator may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.
(6) Order of abatement. In addition to an injunction, the town may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(a) Buildings or other structures on the property be closed, demolished or removed;
(b) Fixtures, furniture or other movable property be moved or removed entirely;
(c) Improvements, alterations or repairs be made; or
(d) Any other action be taken that is necessary to bring the property into compliance with this chapter.
(7) Equitable remedy. The town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this chapter. The fact that other remedies are provided under general law or this chapter shall not be used by a violator as a defense to the town’s application for equitable relief.
(8) Criminal penalties. Pursuant to G.S. § 14-4, any person, firm or corporation convicted of violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount not to exceed $500.
(9) Execution of court decisions.
(a) As provided in G.S. § 160A-175(e), if the violator fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt, and the town, by and through the Town Attorney, may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic’s and material man’s lien.
(b) The violator may secure cancellation of an order of abatement by paying all costs of the proceeding and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned upon the defendant’s full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(10) Deny or withhold permits. The Ordinance Administrator may deny or withhold authorization to use or develop any land, structure or improvements until an alleged violation and associated civil penalty related to such land, use or development is corrected.
(B) Cumulative penalties. The remedies provided for violations of this chapter, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(Ord. passed 3-5-2018)