Kings Mountain City Zoning Code

§ 156.140

Enforcement Procedures

156.140.01 Purpose

The purpose of this Section is to set out the procedures for enforcing this UDO, and the remedies available to the City for violations of this UDO.

Effective on: 1/1/1901

156.140.02 Applicability

(A)

Compliance Required. No person may use, occupy or develop land, buildings or other structures, or authorize or permit the use, occupancy or development of land, buildings or other structures, except in accordance with all the provisions of this UDO.

(B)

Continuation of Prior Enforcement Actions. Nothing in this UDO shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this UDO. Enforcement actions initiated before the effective date of this UDO, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this UDO.

Effective on: 1/1/1901

156.140.03 Right of Entry

The Code Enforcement Officer is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

(A)
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
(B)
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
(C)
Permission. Inspection shall be made only after:
1. (1)
  Contact and permission is granted by the owner or tenant; or
2. (2)
  An order from a court of competent jurisdiction.

Effective on: 1/1/1901

156.140.04 Violations

(A)

Complaints. Any person may file a written complaint to the Director on a suspected violation of this UDO. The Director shall record the complaint immediately, investigate, and take action as provided in this Section.

(B)

Activities Constituting Violations. Unless otherwise expressly stated by the NCGS §160A-175, any violation of this UDO, including but not limited to the following, will be subject to the remedies and penalties provided for in this Section:

(1)
To place any use, structure, or sign upon land that is subject to this UDO without all of the approvals required by this UDO.
(2)
It is a Class I misdemeanor to subdivide land in violation of this UDO or transfer or sell land by reference to, exhibition of, or any other use of an unapproved plat. 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 this penalty. The City may bring an action for injunction of:
1. (a)
  Any illegal subdivision;
2. (b)
  Transfer of land;
3. (c)
  Conveyance of land; or
4. (d)
  Sale of land.
(3)
To file or record a plat of subdivision with Cleveland or Gaston Counties within the jurisdiction of this UDO without receiving approval that has not been approved in accordance with this UDO.
(4)
To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this UDO. This section is not intended to address legal nonconforming uses or structures. Section 156.130, Nonconformities, regulates expansions or other alterations to legal nonconforming uses or structures;
(5)
To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this UDO without all of the approvals required by this UDO;
(6)
To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other forms of authorization required in order to engage in such activity;
(7)
To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization;
(8)
To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Ordinance;
(9)
To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this UDO;
(10)
To remove, deface, obscure, or otherwise interfere with any notice required by this UDO;
(11)
To fail to remove any sign or other improvement installed, created, erected, or maintained in violation of this Ordinance, or for which the permit, approval, permission, or other authorization has lapsed. This section is not intended to address legal nonconforming uses or structures. This UDO regulates expansions or other alterations to legal nonconforming uses or structures; and
(12)
To otherwise undertake any development or to establish any use in a manner which does not comply with this UDO.

(C)

Notice of Violation.

(1)
Delivery of Notice. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice may also be posted on site.
(2)
Certification of Notice. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(3)
Notice Contents. The notice shall contain the violation description, citation of the Section, Subsection, or Paragraph of this UDO being violated, address or location of property, date of noticed infraction, steps to correct, and the deadline to correct the infraction.

(D)

Timeframe for Violation to be Corrected. Failure to correct the violation within fourteen (14) business days from the date of mailing the letter shall constitute an offense.

(E)

Correction. Correction of the violation in the manner stipulated by the violation notice at any point during this enforcement process, shall deem the notice null and void, and enforcement activity shall cease.

(F)

Existing Violations.

(1)
Generally. Any violation of the repealed provisions of the City's Code of Ordinances that this UDO replaced shall continue to be a violation under this UDO and shall be subject to the penalties and enforcement set out in this Ordinance unless the use, development, construction, or other activity complies with the provisions of this UDO.
(2)
Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City's Code of Ordinances, even if the original violation is no longer considered a violation under this UDO.

(G)

Penalty. In addition to the other remedies cited in this UDO for the enforcement of its provisions, and pursuant to North Carolina General statute 16, the regulations and standards in this UDO may be enforced through the issuance of civil penalties by the administrator.

(1)
Subsequent Citations. Subsequent citations for the same violation may be issued by the Administrator if the offender does not pay the citation (except as otherwise provided in a warning citation) after it has been issued unless the offender has sought an appeal to the actions of the Administrator through the Board of Adjustment.
(2)
Once the ten day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the zoning Enforcement Officer. The amounts of civil penalties established for violations under this section are stated in Table 156.140.04-1, Violation Amounts.

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

(H)
No Additional Approvals. No additional land use approvals will be issued for properties with existing, unpaid zoning violations.

(Ord. 22-13, 04/26/2022)

Effective on: 4/26/2022

156.140.05 Owner Responsibility

It shall be the responsibility of the property owner to maintain and ensure conformance to the provisions of this UDO.

Effective on: 1/1/1901

Kings Mountain City Zoning Code

§ 156.140

Enforcement Procedures

156.140.01 Purpose

The purpose of this Section is to set out the procedures for enforcing this UDO, and the remedies available to the City for violations of this UDO.

Effective on: 1/1/1901

156.140.02 Applicability

(A)

(B)

Effective on: 1/1/1901

156.140.03 Right of Entry

The Code Enforcement Officer is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

(A)
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
(B)
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
(C)
Permission. Inspection shall be made only after:
1. (1)
  Contact and permission is granted by the owner or tenant; or
2. (2)
  An order from a court of competent jurisdiction.

Effective on: 1/1/1901

156.140.04 Violations

(A)

(B)

(1)
To place any use, structure, or sign upon land that is subject to this UDO without all of the approvals required by this UDO.
(2)
It is a Class I misdemeanor to subdivide land in violation of this UDO or transfer or sell land by reference to, exhibition of, or any other use of an unapproved plat. 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 this penalty. The City may bring an action for injunction of:
1. (a)
  Any illegal subdivision;
2. (b)
  Transfer of land;
3. (c)
  Conveyance of land; or
4. (d)
  Sale of land.
(3)
To file or record a plat of subdivision with Cleveland or Gaston Counties within the jurisdiction of this UDO without receiving approval that has not been approved in accordance with this UDO.
(4)
To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this UDO. This section is not intended to address legal nonconforming uses or structures. Section 156.130, Nonconformities, regulates expansions or other alterations to legal nonconforming uses or structures;
(5)
To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this UDO without all of the approvals required by this UDO;
(6)
To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other forms of authorization required in order to engage in such activity;
(7)
To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization;
(8)
To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Ordinance;
(9)
To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this UDO;
(10)
To remove, deface, obscure, or otherwise interfere with any notice required by this UDO;
(11)
To fail to remove any sign or other improvement installed, created, erected, or maintained in violation of this Ordinance, or for which the permit, approval, permission, or other authorization has lapsed. This section is not intended to address legal nonconforming uses or structures. This UDO regulates expansions or other alterations to legal nonconforming uses or structures; and
(12)
To otherwise undertake any development or to establish any use in a manner which does not comply with this UDO.

(C)

Notice of Violation.

(1)
Delivery of Notice. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice may also be posted on site.
(2)
Certification of Notice. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(3)
Notice Contents. The notice shall contain the violation description, citation of the Section, Subsection, or Paragraph of this UDO being violated, address or location of property, date of noticed infraction, steps to correct, and the deadline to correct the infraction.

(D)

Timeframe for Violation to be Corrected. Failure to correct the violation within fourteen (14) business days from the date of mailing the letter shall constitute an offense.

(E)

(F)

Existing Violations.

(1)
Generally. Any violation of the repealed provisions of the City's Code of Ordinances that this UDO replaced shall continue to be a violation under this UDO and shall be subject to the penalties and enforcement set out in this Ordinance unless the use, development, construction, or other activity complies with the provisions of this UDO.
(2)
Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City's Code of Ordinances, even if the original violation is no longer considered a violation under this UDO.

(G)

(1)
Subsequent Citations. Subsequent citations for the same violation may be issued by the Administrator if the offender does not pay the citation (except as otherwise provided in a warning citation) after it has been issued unless the offender has sought an appeal to the actions of the Administrator through the Board of Adjustment.
(2)
Once the ten day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the zoning Enforcement Officer. The amounts of civil penalties established for violations under this section are stated in Table 156.140.04-1, Violation Amounts.

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

(H)
No Additional Approvals. No additional land use approvals will be issued for properties with existing, unpaid zoning violations.

(Ord. 22-13, 04/26/2022)

Effective on: 4/26/2022

156.140.05 Owner Responsibility

It shall be the responsibility of the property owner to maintain and ensure conformance to the provisions of this UDO.

Effective on: 1/1/1901

Kings Mountain City Zoning Code

§ 156.140

Enforcement Procedures

156.140.01 Purpose

The purpose of this Section is to set out the procedures for enforcing this UDO, and the remedies available to the City for violations of this UDO.

Effective on: 1/1/1901

156.140.02 Applicability

(A)

(B)

Effective on: 1/1/1901

156.140.03 Right of Entry

The Code Enforcement Officer is empowered to enter any building, structure, or premises in the City upon which a development or land use is located, as follows:

(A)
Inspection. Entry shall be for the purpose of inspection to ensure compliance;
(B)
Hours. Inspection shall be performed during business hours, unless an emergency exists; and
(C)
Permission. Inspection shall be made only after:
1. (1)
  Contact and permission is granted by the owner or tenant; or
2. (2)
  An order from a court of competent jurisdiction.

Effective on: 1/1/1901

156.140.04 Violations

(A)

(B)

(1)
To place any use, structure, or sign upon land that is subject to this UDO without all of the approvals required by this UDO.
(2)
It is a Class I misdemeanor to subdivide land in violation of this UDO or transfer or sell land by reference to, exhibition of, or any other use of an unapproved plat. 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 this penalty. The City may bring an action for injunction of:
1. (a)
  Any illegal subdivision;
2. (b)
  Transfer of land;
3. (c)
  Conveyance of land; or
4. (d)
  Sale of land.
(3)
To file or record a plat of subdivision with Cleveland or Gaston Counties within the jurisdiction of this UDO without receiving approval that has not been approved in accordance with this UDO.
(4)
To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this UDO. This section is not intended to address legal nonconforming uses or structures. Section 156.130, Nonconformities, regulates expansions or other alterations to legal nonconforming uses or structures;
(5)
To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this UDO without all of the approvals required by this UDO;
(6)
To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other forms of authorization required in order to engage in such activity;
(7)
To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization;
(8)
To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Ordinance;
(9)
To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this UDO;
(10)
To remove, deface, obscure, or otherwise interfere with any notice required by this UDO;
(11)
To fail to remove any sign or other improvement installed, created, erected, or maintained in violation of this Ordinance, or for which the permit, approval, permission, or other authorization has lapsed. This section is not intended to address legal nonconforming uses or structures. This UDO regulates expansions or other alterations to legal nonconforming uses or structures; and
(12)
To otherwise undertake any development or to establish any use in a manner which does not comply with this UDO.

(C)

Notice of Violation.

(1)
Delivery of Notice. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice may also be posted on site.
(2)
Certification of Notice. The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(3)
Notice Contents. The notice shall contain the violation description, citation of the Section, Subsection, or Paragraph of this UDO being violated, address or location of property, date of noticed infraction, steps to correct, and the deadline to correct the infraction.

(D)

Timeframe for Violation to be Corrected. Failure to correct the violation within fourteen (14) business days from the date of mailing the letter shall constitute an offense.

(E)

(F)

Existing Violations.

(1)
Generally. Any violation of the repealed provisions of the City's Code of Ordinances that this UDO replaced shall continue to be a violation under this UDO and shall be subject to the penalties and enforcement set out in this Ordinance unless the use, development, construction, or other activity complies with the provisions of this UDO.
(2)
Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the repealed provisions of the City's Code of Ordinances, even if the original violation is no longer considered a violation under this UDO.

(G)

(1)
Subsequent Citations. Subsequent citations for the same violation may be issued by the Administrator if the offender does not pay the citation (except as otherwise provided in a warning citation) after it has been issued unless the offender has sought an appeal to the actions of the Administrator through the Board of Adjustment.
(2)
Once the ten day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the zoning Enforcement Officer. The amounts of civil penalties established for violations under this section are stated in Table 156.140.04-1, Violation Amounts.

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

Table 156.140.04-1 Violation Amounts
Warning Citation	Correct violation within 10 days
First Citation	$100.00
Second Citation for same offense	$100.00
Third and Fourth citation for same offense	$150.00
Fifth citation for same offense	lien on property

(H)
No Additional Approvals. No additional land use approvals will be issued for properties with existing, unpaid zoning violations.

(Ord. 22-13, 04/26/2022)

Effective on: 4/26/2022

156.140.05 Owner Responsibility

It shall be the responsibility of the property owner to maintain and ensure conformance to the provisions of this UDO.

Effective on: 1/1/1901