A.

It shall be deemed unlawful to erect, construct, reconstruct, alter, maintain, expand, move or use any building, structure or sign or engage in development or subdivision of land contrary to the provisions of this Ordinance. Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of land and water, or on the erection of a structure, a failure to comply with such provision(s) shall constitute a violation of this Ordinance.

B.

Violations of this Ordinance, including, but not limited to, the following, shall be subject to the remedies and penalties provided for in this Ordinance:

1.

To place any use, structure or sign upon land that is subject to this Ordinance without all of the approvals or permits required by this Ordinance.

2.

To subdivide land in violation of this Ordinance 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 being deemed as a violation.

3.

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 contrary to any zoning, subdivision, sign or other regulation contained in this Ordinance.

4.

To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this Ordinance without all of the approvals required by this Ordinance.

5.

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 form of authorization required in order to engage in such activity.

6.

To violate, by act or omission or otherwise, any term, condition or qualification placed by a decision-making body upon any permit or other form of authorization.

7.

To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Ordinance.

8.

To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this Ordinance.

9.

To remove, deface, obscure or otherwise interfere with any notice required by this Ordinance.

10.

To otherwise undertake any development or to establish any use in a manner that does not comply with this Ordinance.

(Ord. No. 598, 4-14-2011)

Each day a violation remains uncorrected after receiving proper notice shall constitute a separate violation of this Ordinance. Any violation of the zoning, subdivision, or other provisions of this Ordinance that were in effect prior to the adoption of this Ordinance shall continue to be a violation under this Ordinance, and shall be subject to the penalties, remedies and enforcement procedures described in this Article, unless the use, development, construction, or other activity either complies with the provisions of this Ordinance or adoption of this Ordinance materially altered the prior requirement. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions, undertaken by a local government pursuant to previous and valid ordinances and laws.

(Ord. No. 598, 4-14-2011)

The owner, tenant or occupant of any building or land or part thereof and any architect, builder, engineer, surveyor, 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 herein provided.

(Ord. No. 598, 4-14-2011)

A.

The designated representative of the Town (typically a LUESA representative or Town Public Works Director) shall be notified twenty-four (24) business hours in advance of the work to be started so that all necessary inspections of the work may be made.

B.

All inspectors shall be allowed access to all parts of the work and shall be furnished with every reasonable facility to ascertain whether or not the work, as performed, is in accordance with the specifications. In exercising this power, inspectors are authorized to enter any premises within the jurisdiction of the Town 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.

C.

Inspection shall not relieve the contractor from any obligation to perform all of the work strictly in accordance with the specifications.

D.

In case of any disputes arising as to the material furnished or the manner of performing the work, the inspector shall have authority to reject materials or suspend work until the question at issue can be referred to and decided by the designated representative of the Town (again, typically a LUESA representative or Town Public Works Director). The contractor shall remove any work or material condemned as unsatisfactory by the authorized inspector and shall rebuild and replace same to the standard required by the specifications, all at his own expense.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

A.

The following notice procedures shall be used to enforce the provisions of this Ordinance. In the case of stop work orders, violations shall subject the violator to immediate imposition of a penalty. In the case of a sign illegally placed in a public street right-of-way, the Administrator shall be authorized to remove such sign immediately without notice. Nothing herein is intended to prohibit the Town from taking any other course of action for a violation of this Ordinance. Additional provisions for addressing violations (such as Article 6, Section 6.6, for Flood Control and Surface Water Improvement Management Streambuffers; Article 6, Section 6.7, for Soil Erosion and Sediment Control; Article 6, Section 6.8, for Post-Construction Ordinance) may be found elsewhere in this Ordinance.

B.

Whenever the Administrator has reason to believe that a person is violating any of the provisions of this Ordinance or any plan, permit, order or condition that has been approved, issued or imposed pursuant to this Ordinance, the Administrator shall notify that person of this violation. Notice of violation shall be provided to the holder of the development approval and 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 to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. A notice of violation may be appealed to the board of adjustment pursuant to Article 9Section 9.2. The Town reserves the right to send a notice of violation to any other person who can be contacted and has an identifiable relationship to the violation and/or owner.

C.

The notice of violation shall describe the violation, shall identify the provision(s) of this Ordinance that are alleged as having been violated, shall specify what actions must be taken to correct the violation, shall direct the person to correct the violation within a specified period of time and shall warn that more severe measures may be brought against the person if he/she fails to take appropriate and timely actions to cure or correct the violation. The notice shall also state that the alleged violator or property owner shall have a period of up to fifteen (15) days from the date the notice was received ("Warning Period") to either correct the situation or appeal the Administrator's decision to the Board of Adjustment in accordance with Article 9 (Appeals). Depending on the nature of the violation, the Administrator may grant one or more extension(s) of time to cure or correct said violation. Such extension of time shall not be granted unless the alleged violator or property owner can demonstrate to the Administrator that action is being taken to correct the violation and that the violation cannot be cured or corrected within the time period specified in the notice of violation due to (1) extraordinary circumstances; or, (2) to circumstances beyond the control of the alleged violator or property owner. In such a case, the alleged violator will provide a schedule or deadline as needed to correct the violation as quickly as possible.

D.

If the violation is corrected or cured within the time period specified by the Administrator, the Town shall take no further action against the alleged violator.

E.

Unless otherwise provided, once the Warning Period has expired, the Administrator may take whatever enforcement action and pursue whatever remedies are authorized under this Article, including issuance of civil penalties.

F.

The Administrator may deny or withhold all permits, certificates or other form of authorization or approval to use or develop any land, structure or improvement until an alleged violation and, where applicable, any civil penalty associated with that violation are properly corrected and/or addressed. This provision shall apply whether or not the current owner applicant for the permit or other approval is responsible for the violation.

G.

Any permit, certificate or other form of authorization or approval required under this Ordinance may be revoked following the same procedures that were used for the approval provided:

1.

There is a departure from the approved plans, specifications or conditions as required under such permit or approval;

2.

Any permit, approval or certificate was procured by false representation;

3.

Any permit, approval or certificate was issued in error; or,

4.

There is a violation of any provision of this Ordinance as it relates to such permit, approval or certificate.

H.

The Administrator shall serve written notice of such revocation upon the alleged violator or property owner.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

The Administrator shall enforce this Ordinance as shall any other persons so designated by the Board of Commissioners to enforce the provisions of this Ordinance. This Ordinance may be enforced by any means or any remedy provided for in G.S. 160D-404(c) and 160A-175. An action for injunction of any illegal subdivision, transfer, conveyance or sale of land may be prosecuted by the Administrator pursuant to G.S. 160D-404(c). Moreover, the Administrator and the Board of Commissioners shall have such other remedies as are and, as may be from time to time, provided by North Carolina law for the violation of this Ordinance. Failure to comply with any provision of this Ordinance is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this Ordinance:

A.

Equitable Remedy. The Administrator may apply for any appropriate equitable remedy to enforce the provisions of this Ordinance. It is not a defense to the Administrator's application for equitable relief that there are other remedies provided under the general law or this Ordinance.

B.

Injunction. The provisions of this Ordinance may be enforced by injunction. When a violation of this Ordinance occurs, the Administrator may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

C.

Order of Abatement. In addition to an injunction, the Administrator may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions: That buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture or other movable property be moved; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance.

D.

Execution of Court Decisions. If the defendant 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 Administrator may execute the order of abatement and will have a lien on the property in the nature of a mechanic's and material man's lien 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 will 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.

E.

Misdemeanor. Any person, firm or corporation convicted of a violation of any provision of this Ordinance will be guilty of a misdemeanor. Such a conviction is punishable by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days. After notice of a violation is given, the violator will have thirty (30) days to correct the violation. After that time, each additional day that the violation continues to exist will be considered a separate violation.

F.

Withhold Permits. The Administrator may withhold all permits, approvals or certificates if there is a violation of this Ordinance or a condition or qualification of approval granted by a permit issuing body that has not been met. The Administrator 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 violation of this Ordinance. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

G.

Revocation of Permit or Plan Approval. Any permit, approval or other form of authorization stipulated under this Ordinance may be revoked for any reason set forth in G.S. 160D-403(f), including, but not limited to, any permit or approval mistakenly issued in violation of an applicable State or local law. Where a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Administrator 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 G.S. 160D-403(f).

H.

Stop Work Orders. With or without revoking permits, the Administrator may order that work be stopped on (i) any land or (ii) any structure on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit, approval or other form of authorization issued hereunder, in accordance with the power to stop work pursuant to G.S. 160D-404(b) and as specified here:

1.

Whenever the Administrator determines that a person is engaged in doing work that constitutes, creates or results in a violation of this Ordinance, the Administrator may order the specific part of the work that constitutes, creates or results in a violation of this Ordinance to be immediately stopped.

2.

A stop work order issued under this Section shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons therefore, and the conditions under which the work may be resumed. A copy of the stop work order shall also be sent concurrently to the owner of the property where the work is taking place and the developer or Applicant, if different from the owner.

3.

Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the Mint Hill Board of Adjustment pursuant to Article 9 of this Ordinance. However, an appeal shall not stay the operation of the stop work order except as provided in Subsection (H)(4) of this Section.

4.

The Mint Hill Board of Adjustment shall meet and act upon the appeal within 15 working days after receipt of the appeal notice. If the Board of Adjustment fails to comply with this requirement, the stop work order shall be stayed automatically beginning on the day following the expiration of this fifteen (15) working-day period, and the stay shall remain in effect until the Mint Hill Board of Adjustment meets and acts on the appeal.

5.

Notice of hearing requirements shall not apply to appeals of stop work orders. However, Town Staff shall orally notify the appellant of the date, time and place of the hearing as soon as it has been scheduled and shall send to the appellant a written confirmation of this notice as soon as possible.

6.

Neither the person whom a stop work order is served nor an owner or developer served with a copy under Subsection (H)(2) may thereafter cause, suffer or permit a violation of the order while it remains in effect, except during a period in which the operation of the order is stayed under Subsection (H)(4).

I.

Civil Penalties. If, following the issue of a notice of violation, the Administrator determines that the alleged violation has not been cured or corrected during the stated Warning Period, the Administrator shall have the authority to issue a penalty as outlined herein.

1.

First Offense. Any violation occurring once within a twelve-month period shall be considered a first offense. A notice of violation shall be issued by the Administrator and shall provide for a Warning Period as provided for in Subsection 10.5(C) to correct the violation. Upon the expiration of the Warning Period, the violator shall be subject to a civil penalty in an amount set forth on the then-current officially adopted Town Fee Schedule per day for each day that the violation continues. At any time the Town may seek to recover the penalty together with all costs by filing a civil action to collect a debt. The collection of a penalty pursuant hereto (or filing to collect) shall not foreclose further penalty accrual for continuing violations or additional proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this Section may also be enforced through any other appropriate remedies as prescribed herein.

2.

Repeat Offense. Any violation of reoccurring on the same property more than once within a twelve-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate civil penalty in an amount set forth on the then-current officially adopted Town Fee Schedule. No Warning Period shall be granted since this provision applies only to violations that occur more than once in a twelve-month period and proper notice was given for the initial violation as prescribed under Section 10.5. For each day the repeat violation remains, the violator shall be subject to the civil penalty amount set forth on the then-current officially adopted Town Fee Schedule per day. At any time the Town may seek to recover the penalty together with all costs by filing a civil action to collect a debt. The collection of a penalty pursuant hereto (or filing to collect) shall not foreclose further penalty accrual for continuing violations or additional proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this Section may also be enforced through any other appropriate remedies as prescribed herein.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

The remedies and enforcement powers established in this Article shall be cumulative in nature and the Town may exercise them in any order.

(Ord. No. 598, 4-14-2011)