This chapter details the various responsibilities of the Administrator of this Ordinance, including enforcement. The enforcement process is detailed and specifically outlined to ensure that the public and that implementation have a rational and equitable process to ensure compliance.

A.

Primary responsibility for administering and enforcing this ordinance may be assigned to one or more individuals by the County Manager. The person or persons to whom these functions are assigned shall be referred to in this ordinance as the "Administrator". The terms "Planning Staff", "Zoning Administrator", "Subdivision Administrator", "Floodplain Administrator" and "Watershed Administrator" are sometimes used interchangeably with the term "Administrator". Any function or responsibility assigned by this ordinance to the administrator may be delegated by such person to another employee or agent acting under the administrator's control or at his direction, unless such delegation is prohibited by the County Manager.

B.

It shall be the duty of the administrator to carry out and enforce this ordinance, remedy violations of this ordinance, and issue permits in compliance with this ordinance.

C.

The Administrator shall also maintain a record of all permits, text amendments, map amendments, subdivisions, erosion control plans, approvals, and violations on file at his office, and copies shall be made available upon request to interested parties.

(Ord. of 10-18-21)

A.

The Administrator shall have the right upon presentation of proper credentials, or inspection warrant if necessary, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspection, determination of plan or plat compliance, determination of the effectiveness of required erosion and sedimentation control measures, or other enforcement action. No notice is required.

B.

The Administrator shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as 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.

C.

No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the county while that person is inspecting or attempting to inspect land-disturbing activity under this section.

D.

The Administrator shall have the power 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.

It is the intention of this Ordinance that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Administrator and that such questions shall be presented to the Board of Adjustment (unless another decision making body is expressly listed by this Ordinance) only on appeal from the Administrator; and that from the decision of the Board of Adjustment recourse shall be to courts as provided by law. It is further the intention of this Ordinance that the duties of the Board of Commissioners in connection with the Ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but the procedure for determining such questions shall be as herein set out in the Ordinance, and that the duties of the Board of Commissioners in connection with this Ordinance shall be only the duty of considering and passing upon any proposed amendment or repeal of the Ordinance as provided by law.

The Technical Review Committee shall assist the Subdivision Administrator in reviewing preliminary plans for major subdivisions. Committee members shall submit comments on the design of the subdivision. It shall be the responsibility of the Subdivision Administrator to address those comments wherever possible. The committee shall consist of the following:

•

Fire Marshal

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Iredell County Soil and Erosion Control representative

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NCDOT representative

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ECOM representative

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Iredell-Statesville Schools representative

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Mooresville Graded School District representative

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Health Department representative

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Mapping Department representative

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Two (2) Planning Board members

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.

A.

Development without a permit. To engage in any development, subdivision of land, land-disturbing activity, use, construction, remodeling, or other activity of any nature upon 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.

B.

Development inconsistent with permit. To engage in any development, subdivision of land, land-disturbing activity, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form or authorization granted for such activity.

C.

Violation by act or omission. To violate (willfully or by negligence), by act or omission, any term, variance, modification, condition, or qualification placed by the Board of Commissioners 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.

D.

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 breach of this Ordinance or any other regulation made under the authority conferred thereby.

E.

Illegal subdivision or transfer of property. To subdivide his land in violation of this Ordinance or transfer or sell land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this Ordinance and recorded in the Register of Deeds.

F.

Continue a violation. Each day's continuation of any of the above violations is a separate and distinct offense.

The following penalties may be used in the enforcement of this Ordinance:

A.

Civil penalties. If the owner or occupant of a property fails to comply with a notice of violation as described below, they shall be subject to a citation in the form of a fine.

B.

Final certificate of occupancy. With regard to a land-disturbing activity that is associated with the development of any tract that is subject to this Ordinance, the code enforcement department shall not issue a certificate of occupancy where any of the following conditions exist:

1.

There is a violation with respect to the tract.

2.

If there remains due and payable civil penalties to Iredell County that have been levied against the person conducting the land-disturbing activity for violation(s) of this Ordinance. If a penalty is under appeal, the Board of Adjustment may require the amount of the fine, and any other amount that the person would be required to pay to comply with this Ordinance if the person loses the appeal, to be placed in a refundable account or surety prior to issuing the certificate of occupancy.

3.

The requirements of the approved erosion and sedimentation control plan have not been completed and the building for which a certificate of occupancy is requested is the only building then under construction on the tract.

4.

On the tract which includes multiple buildings on a single parcel, the requirements of the plan have not been completed and the building for which a certificate of occupancy is requested is the last building then under construction on the tract.

5.

On a tract which includes multiple parcels created pursuant to the applicable subdivision regulations, the requirements of the plan have not been completed with respect to the parcel for which the certificate of occupancy is requested.

C.

Stop work orders and building permit abeyance. In the event of an illegal land-disturbing activity the administrator may order work on a project to be immediately stopped. This may be done in the form of a stop work order or by withholding building permits associated with the project in abeyance. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop 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 N.C.G.S. 160A-421 or 153-361, as applicable, or the NC Building Code.

D.

Criminal penalties. Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) as provided in G.S. § 113A-64.

E.

Restoration after non-compliance. The county may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance.

A.

Violation of local program. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by the county or any term, condition, or provision of an approved plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Iredell County Superior Court.

B.

Abatement of violation. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. The county shall issue no building, zoning, or environmental permits to the violator until such violation is abated.

When the Administrator or his agent finds a violation of any part of this Ordinance, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. This notification shall be in the form of a Notice of Violation. The owner or occupant shall immediately remedy the violation.

A.

The Notice of Violation shall include the following:

1.

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

2.

The nature of the violation, and citation of the Section(s) of this Ordinance violated; and

3.

The measures necessary to remedy the violation.

B.

The notice shall specify a date within thirty (30) days from issuance, by which the person must comply with this ordinance, or rules or orders adopted pursuant to this ordinance, and inform the person of the actions that need to be taken to comply with this ordinance, or rules or orders adopted pursuant to this ordinance.

C.

The notice may be served by any means authorized under 160D-404.

(Ord. of 10-17-23(1))

A.

Any owner or occupant who has received a notice of violation may appeal in writing the decision of the Administrator to the Board of Adjustment within thirty (30) days following the date of the notice 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 decision of the Administrator shall be final.

B.

If the violation is a land-disturbing activity the violator may contest the assessment of any fine within fifteen (15) days after the receipt of the notice by filing a petition for contested case in the office of administrative hearing in accordance with Article 3 of Chapter 150B of the General Statutes.

1.

The final agency decision shall be made by the Secretary of the Department of Environment and Natural Resources in accordance with Articles 3 and 4 of Chapter 150B of the General Statutes.

2.

Appeal from the final decision of the Secretary of the Department shall be to the Superior Court of Iredell County where the violation occurred. Such appeals must be made within thirty (30) days of the final decision of the Secretary of the Department.

3.

The decision of the Board of Adjustment or the Secretary of the Department of Environment and Natural Resources may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.

A.

Notwithstanding any other provision contained herein, in the case where construction has been completed and either the setback requirements, minimum lot size, or lot width at building line requirements have been violated, and where a time period of 10 years has passed since:

1.

A building permit has been issued, or Construction of the structure has been completed; and

2.

The County has sufficient evidence to conclude the violation was not the result of fraudulent or deceptive behavior by the property owner; and

3.

No legal action has been commenced in any court of competent jurisdiction to enjoin such construction or to cause removal of any structure;

then in such case, the County shall not bring any proceeding or take any action to require the removal of any such structure in violation of this Ordinance. Provided however, this provision shall NOT affect pending litigation or apply to any violation of any other ordinance or any other violations of this Ordinance. Provided further, the property owner shall have the burden of proof regarding the applicability of this section.

B.

Violation of front, side, or rear setbacks occurring within ten (10) years from issuance of the building permit, and where the violation is twelve (12) inches or less, may be modified administratively upon application to the Administrator provided that the modification is reasonably consistent with the intent, function and requirements of this Ordinance.

The above noted provision does not apply if a Performance Requirement in Chapter 3 includes specific setback requirements

(Ord. of 11-5-16(1))

If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision following an appeal, the owner shall be subject to such remedies as may be provided for by State law or by section 1-7 of the Code of Iredell County through the procedure detailed below:

Editor's note— An Ordinance adopted Dec. 5, 2017, §§ 11, 12, repealed § 14.6.1, which pertained to land-disturbing activity violations and derived from the Original Code. See Appendix H regarding soil erosion and sediment control.

A.

The Administrator shall issue a Citation (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) giving seven (7) days to bring the violation into compliance and notifying that the penalty for the violation is one hundred dollars ($100.00). If the owner or occupant fails to come into compliance or make satisfactory progress to correct the violations, a second Citation will be issued assessing a penalty of seven hundred dollars ($700.00). There will be a continued accrual of one hundred dollars ($100.00) per day for each day the violation continues thereafter. Further failure to come into compliance will result in the case being submitted to the County Attorney for enforcement and potential legal action.

B.

In any case of a Repeat Offender, where the same owner and same parcel are involved in the same violation (repeat offender), the Citation Process above will be utilized with the following penalties: for the first repeat offense, meaning the second offense at the property, the penalty for the violation shall be two hundred dollars ($200.00); all subsequent repeat violations shall utilize a penalty of five hundred dollars ($500.00). There will be a continued accrual of five hundred dollars ($500.00) per day for each day the violation continues thereafter.

(Ord. of 10-18-21; Ord. of 10-17-23(1))

Editor's note— Ord. of Sept. 18, 2018(2), repealed § 14.6.2, which pertained to floodplain management violations and derived from the original Land Development Code. Said ordinance then renumbered § 14.6.3 as § 14.6.2.

A.

Notwithstanding Section 14.4, this Ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.

B.

The illegal subdivision or transfer of land, as describe above may result in a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The county through its attorney or other official designated by the Board of Commissioners may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this Ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by Section 14.4 of this Ordinance.

C.

Nothing in this section shall be construed to limit the use of remedies available to the county. The county may seek to enforce this Ordinance by using any one, all, or a combination of remedies.

D.

In addition to these penalties, in the case of violations of the water supply watershed sections of this Ordinance, the NC Environmental Management Commission may assess civil penalties in accordance with NCGS 143-215.6 (a).

Appeals from decisions of the Administrator or the Technical Review Committee shall be filed with the Board of Adjustment. Appeals must be filed within thirty (30) days from the date of the respective order or decision is issued. Appeals from the decisions of the Board of Adjustment shall be taken to the Court of Record as provided by Law.

A.

This Ordinance is not intended to and does not create any private right of action in favor of any person or entity for negligence, inadvertence, or oversight by Iredell County, its agents or employees, in the interpretation, construction or enforcement of any of the terms or provisions hereof. No action or inaction by Iredell County or its agents or employees shall give rise to any cause of action against either Iredell County or its agents or employees.

Iredell County has determined that it is not in its best interest to waive its immunity with regard to the adoption, interpretation, construction and enforcement of the terms of this Ordinance. Iredell County, therefore, does not by the enactment hereof.