It shall be unlawful for any person to develop or use any land, building, or structure within the Town’s jurisdiction in violation of this ordinance. Any failure to comply with a requirement, prohibition, or limitation imposed by this ordinance, or the terms or conditions of any permit, development approval, or other authorization granted pursuant to this ordinance shall constitute a violation.

For the purposes of this ordinance, the responsible person or party shall include but not be limited to:

1. A person or firm maintaining the condition that results in or constitutes a violation. This could include but not be limited to an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this ordinance.
2. Those responsible for use or development. This includes the owner of the land on which the violation occurs, any tenant or occupant of the property, or any person, who has control over, or responsibility for, its use or development.

1. Citizen Complaints. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint, on forms provided by the Town, describing the alleged violation and submit this to the Town for further investigation.
2. Complaints to be Public Information. The Town Planner shall maintain documentation of complaint investigations and inspections. All complaint forms shall be kept as public record for two (2) years after submittal and made available to the public upon request and in accordance with the North Carolina Public Records Law.
3. Violations Without Complaint. Where a violation is clearly visible from any publicly maintained right-of-way or easement, the Town Planner may investigate a suspected violation of this ordinance without first having received a complaint.
4. Investigations. Under the powers of this section, the Town Planner and/or any Haywood County official including authorized building inspectors, health inspectors, environmental inspectors, or fire marshals, shall have the authority to enter onto land within the Town's jurisdiction to inspect suspected violations of this ordinance and to investigate complaints. Investigators must enter the premises during reasonable hours and upon presenting credentials and must have consent of premises owner or an administrative search warrant to inspect areas not open to the public.

Upon determination that a violation exists, the Town Planner may provide the responsible parties a written warning. The written warning shall include a description of the violation, state the actions necessary to correct the violation, and invite the responsible parties to meet and discuss the violation, including possible corrective measures. The Town Planner may provide the responsible parties additional written warnings of the violation. A warning is not required prior to the issuance of a Notice of Violation and further enforcement proceedings.

Any person or persons deemed responsible for violating this ordinance shall be served a written Notice of Violation detailing the nature of the violation and indicating the action(s) necessary for correction. Corrective action shall be taken within a prescribed time period, as determined by the Town Planner, and as indicated on the NOV. The NOV may be served in person, by e-mail, first class mail, or by posting on site, and may be delivered to an occupant or person undertaking the activity. Any permittee, or landowner if different, shall also be served.

Based on practical mitigating circumstances, and at the Town Planner’s discretion, the time period for corrective action may be extended for up to six (6) months. Circumstances justifying the extension shall be documented by the Town Planner.

1. Extension Requirements. When a violator or responsible party desires an extension for corrective action, the following must be provided to the Town Planner:
   1. An application for an NOV Extension; and
   2. A written plan for corrective action, including specific measures to be accomplished during the extension period.
2. Extension Approval. After providing the required documentation, an applicant for an NOV extension shall meet with the Town Planner to finalize the conditions for any extension and to receive written approval of the request.
3. Extension Termination. If at any point the Town Planner determines that substantial progress is not being made to fulfill the terms of the corrective action plan, the Town Planner may proceed with enforcement action as allowed by this ordinance.

The Town Planner may waive penalties in cases where emergency or temporary repairs have been made out of necessity for the welfare and safety of the public or structure.

Having received a duly served Notice of Violation, any failure to correct the violation or to contact the Town Planner with a request for extension, or to file an appeal with the Town Clerk within 30 days of receipt, shall constitute a waiver of any further objection by the responsible parties to the Planner’s decision and of the right to an administrative hearing and appeal to the Zoning Board of Adjustment. Upon receiving no further objection to the Town Planner’s determination, the determination shall be final and the Town may use any combination of the following actions and penalties to prevent, correct, stop, abate, or penalize violations of this ordinance.

1. Stop Work Order (SWO). The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be ceased, and the specific reasons for stoppage and the action(s) necessary before lawfully resuming work.
2. Permit Revocation. When violations of this ordinance have been determined, the Town Planner may revoke any zoning permit by written notification to the permit holder via personal delivery or certified mail. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is done in substantial difference from any approved application or plan, there has been a failure to comply with the requirements of this ordinance, or when a permit has been issued mistakenly or in discrepancy with the provisions of this ordinance or other relevant laws.
3. Court Injunctions or Order of Abatement
   1. Injunction. The Town Planner may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of the ordinance. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in G.S. 160A-175.
   2. Order of abatement. In addition to an injunction, the Town Planner 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:
      1. Buildings or other structures on the property to be closed, demolished, or removed;
      2. Fixtures, furniture or other moveable property to be moved or removed entirely;
      3. Improvements, alterations, modifications or repairs to be made; or
      4. Other actions necessary to bring the property into compliance with this ordinance.
   3. Execution of court decisions. If the responsible party 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. The Town may execute the order of abatement and place a lien on the property for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter was heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.
4. Town Abatement. In a circumstance where a violation persists beyond the allotted time period given for corrective action and said violation, upon review by the Town Planner, could readily be abated by the Town or a contracted agent, the Town may abate the violation and charge all associated costs to the responsible party.
5. Civil Penalties. Pursuant to G.S. 160A-175, the Town may impose civil penalties in the form of fines for violation of this ordinance. Subsequent citations for the same violation may be issued by the Town Manager or his or her designee if the responsible party does not pay the citation after it has been issued, unless the offender has sought an appeal to the actions of the Town Planner through the Zoning Board of Adjustment.
   1. Responsible parties. The owner or occupant 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 civil penalties and remedies provided herein.
   2. Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation. If after receiving a notice of violation, the owner or other violator fails to take corrective action within the time period prescribed in the notice, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the same manner as of a notice of violation. The citation shall state the nature of the violation, shall state the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within the time period specified within the specific section in violation.
      1. The following penalties are hereby established:
      2. First citation: $50.00 fine for the initial violation and, without further notice, $50.00 for each day the violation continues or remains unabated, recoverable by the Town in a civil action in the nature of a debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for the violation. Once a person has been cited, it shall be incumbent upon him or her to request in writing to the Town an inspection to demonstrate that the violation has been discontinued and completely abated.
   3. Nonexclusive nature of civil penalty. Nothing herein is to be deemed to be the exclusive remedy for any violation of this ordinance and any other remedies available by law or equity shall be deemed cumulative of or supplemental to the authority to levy fines or civil penalties.

After a notice of violation, warning, Town abatement, or civil penalty has been issued, any repeat of the same violation, within a 12 month period, of this chapter on the same premises shall be considered a continuance of the original violation.

In accordance with N.C.G.S. Sec. 160D-102 the Zoning Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Town Planner in enforcing this ordinance.

1. Standing. Any person who has standing under G.S. 160D-406 may file an appeal to the Zoning Board of Adjustment from decisions of the Town Planner on forms provided by the Town.
2. The Appeals Process
   1. Once an appeal has been filed with the Town Clerk, he/she shall notify the Town Planner of the appeal.
   2. Upon receiving notice of an appeal, the Town Planner shall transmit to the Zoning Board of Adjustment all documents and exhibits constituting the record upon which the action appealed from is taken. The Town Planner shall also provide a copy of the record to the applicant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
   3. Upon receiving all applicable documents from the Town Planner, the Zoning Board of Adjustment shall hear and decide the appeal within a reasonable time.
   4. On the date of the hearing, the Town Planner shall be present as a witness. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. Upon hearing the case, the Zoning Board of Adjustment may reverse, affirm, or modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all of the powers of the Town Planner who originally made the decision.
   5. A majority vote of qualified members of the Board of Adjustment shall be required to overturn the decision of the Town Planner.
   6. In the event that the Zoning Board of Adjustment reverses or modifies the contested action, all subsequent actions taken by the Town Planner with regard to the subject matter shall be in accordance with the reversal or modification granted by the Board's decision.
   7. On all appeals, the Zoning Board of Adjustment shall inform the applicant, property owner, and any person who has submitted a written request for a copy, of its decision in writing, delivered by personal delivery, electronic mail, or first-class mail.