(a)

Complaints. Whenever the administrator receives a written, signed complaint alleging a violation of this ordinance, or any other town development regulation, he shall investigate the complaint, perform any necessary inspections, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

(b)

Inspections. Administrative staff may inspect work undertaken pursuant to a development approval to assure that the work is being done in accordance with applicable state and local laws and of the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction of the local government at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas not open to the public or that an appropriate inspection warrant has been secured.

(Ord. of 9-14-2005, § 22.1; Ord. No. ZTA-21-02, Art. III(Pt. 49), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 49), adopted June 16, 2021, changed the title of § 22-1 from "Complaints regarding violations" to read as herein set out.

The owner, tenant, or occupant of any building or land and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies provided.

(Ord. of 9-14-2005, § 22.2)

(a)

Notices of violation. When the appropriate development official determines work or activity has been undertaken in violation of a town development regulation adopted by the town or any state law delegated to the local government for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. 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 of violation may be posted on the property. The person providing the notice of violation shall certify that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. Except as provided for building code enforcement orders under G.S. 160D-1123 or minimum housing orders under G.S. 160D-1206 or otherwise provided by law, a notice of violation may be appealed to the board of adjustment.

(b)

Stop work orders. Whenever any work or activity subject to a town development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state is undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity that is in violation or presents such a hazard to be immediately stopped. The order shall be in writing, directed to the person doing the work or activity, and shall state the specific work or activity to be stopped, the reasons therefor, and the conditions under which the work or activity may be resumed. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first-class mail. The person or persons delivering the stop work order shall certify that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud. Except as provided for building code violations stop work orders by G.S. 160D-114 and minimum housing orders by G.S. 160D-1208, a stop work order may be appealed to the board of adjustment. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order shall constitute a Class 1 misdemeanor.

(Ord. of 9-14-2005, § 22.3; Ord. No. ZTA-21-02, Art. III(Pt. 50), 6-16-2021)

(a)

Violations of the provisions of this ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use permits, shall constitute a misdemeanor under G.S. 144 and each day's continuing violation shall be a separate offense.

(b)

Any violation of this ordinance shall subject the offender to a civil penalty under G.S. 160A-175 in the amount of $100.00. Each day's continuing violation shall be a separate and distinct offense. Violators shall be issued a written citation by the town which must be paid within 72 hours. If the offender fails to pay this penalty within 72 hours after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a notice of violation in accordance with section 22-3 and did not take an appeal to the Board of Adjustment within 30 days.

(c)

Notwithstanding the criminal penalties, civil penalties or both, the permit-issuing authority may institute a civil action against the offender seeking enforcement by appropriate equitable remedy, injunction, and order of abatement or by any remedy authorized by G.S. 160A-175 and G.S. 160D-404 as amended.

(d)

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance.

(Ord. of 9-14-2005, § 22.4; Ord. No. ZTA-21-02, Art. III(Pt. 51), 6-16-2021)

(a)

Development approvals may be revoked by notifying the holder in writing stating the reason for the revocation. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications: for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to G.S. 160D-405. If an appeal is filed regarding the provisions of G.S. 160D-405(e) regarding stays apply.

(b)

No person may continue to make use of land or buildings in the manner authorized by any building, zoning, sign, special use permit or other development approval after such development approval has been revoked in accordance with this section.

(Ord. of 9-14-2005, § 22.5; Ord. No. ZTA-21-02, Art. III(Pt. 52), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 52), adopted June 16, 2021, changed the title of § 22-5 from "Permit revocation" to read as herein set out.

(a)

Every decision of the town commissioners granting or denying a special use permit shall be subject to review by the Superior Court of Dare County by proceedings in the nature of certiorari pursuant to 160D-1402.

(b)

The petition for the writ of certiorari must be filed with the Dare County Clerk of Court within 30 days after the permit issuing authority renders its decision:

(1)

A written copy of the board's decision has been filed in the office of the administrator; and

(2)

A written copy of the board's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.

(c)

A copy of the writ of certiorari shall be served upon the Town of Manteo.

(Ord. of 9-14-2005, § 22.6; Ord. No. 2013-14Z, 12-18-2013; Ord. No. ZTA-21-02, Art. III(Pt. 53), 6-16-2021)