1. (A)
   Civil Liability. The Code Enforcement Officer:

   1. (1)
      Has the authority to issue a citation and deliver it to a person believed to be committing a civil violation; and
   2. (2)
      Is declared to be the official with the duty of enforcing this UDO with respect to:

      1. (a)
         Appearing and testifying in any trial held with respect to a citation;
      2. (b)
         Notifying the court of competent jurisdiction of any notice of intention to stand trial or any request for adjudication when a fine is not paid after formal notice has occurred;
      3. (c)
         Mailing formal notices of the violation to persons who do not give notice of intention to stand trial or pay the established fine within the time set in the citation; and
      4. (d)
         Receiving and filing a copy of each original citation and any fines or notices of intention to stand trial.
2. (B)
   Injunction and Abatement. This UDO may be enforced by any means or any remedy provided for in NCGS §160A-175 and §160D-1208. The Administrator, with assistance from other applicable City staff members, may enforce any violation of this UDO prior to, and without, judicial process by:

   1. (1)
      Withhold Permit. Withholding all permits or approvals if there is:

      1. (a)
         A repeat violation of this UDO; or
      2. (b)
         There is a condition or qualification of approval granted by the Planning and Zoning Board or the City Council that has not been met.
      3. (c)
         The City Staff may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed, or otherwise caused an uncorrected repeat violation of this UDO. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.
   2. (2)
      Revoke Permits. Any Development Permit or other form of authorization required under this UDO may be revoked for any reason set forth in 156.140.04, Violations, and in NCGS §160D-403(f). 
   3. (3)
      Stop-Work Order. With or without revoking permits, the City Staff may stop work on any land or structure on any land on which there is an uncorrected violation of a provision of this UDO or of a permit or other form of authorization issued hereunder, in accordance with the power to stop work pursuant to NCGS §160D-404. The stop order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons, and the conditions under which the work may be resumed.
   4. (4)
      Revoke Plan or Approval. Where a violation of this UDO involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Staff may, upon notice to the applicant and other known parties in interest (including any holders of Building Permits affected), revoke the plan approval pursuant to NCGS  160D-403(f). Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.
3. (C)
   Other Remedies. The City Staff, City Council, Planning and Zoning Board, and the Board of Adjustment shall have such other remedies as are, and as may be from time to time, provided by North Carolina law provided in North Carolina General Statue 160A-175, including, but not limited to, all appropriate equitable remedies issued from a court of competent jurisdiction as provided in General Statute 160A-175 and particularly the remedy of injunction and order of abatement as allowed by North Carolina General Statue 160A-175.for the violation of zoning, subdivision, sign, or related UDO provisions.

Effective on: 1/1/1901

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

Effective on: 4/26/2022