Whenever the Administrator receives a written, signed complaint alleging a violation of this ordinance, he or she shall investigate the complaint, [and] take whatever action is warranted.

(Ord. No. 2021-64-R, 7-13-21)

The owner, tenant, or occupant of any building or land or part thereof 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 chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. No. 2021-64-R, 7-13-21)

A.

If the Administrator finds that any provision of this chapter is being violated, he or she shall send a written notice to the owner and other person responsible for such violation, if applicable. The notice shall indicate the nature of the violation and order the action necessary to correct it. 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. Additional written notices may be sent at the Administrator's discretion.

B.

The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Section 17-1400, "Appeals," except in the case of violations of Article X, Flood Damage Prevention, where the procedure outlined in the following subsection C. shall also apply. In most cases the notice shall direct that the violation be corrected in fifteen (15) calendar days, unless a different period is warranted by facts or law. Nothing shall prevent the Administrator from ordering an immediate correction is cases of emergency or danger to life. Nothing in this paragraph shall prevent the Administrator from ordering a correction of temporary recurring violations by other reasonable deadlines.

C.

Actions in Event of Failure to Take Corrective Action for Violations of Article X only. The notice required in subsection (B) above shall be sent by certified or registered mail to the owner's last known address or by personal service. The Administrator shall include in the written notice the following statements:

1.

The building or property is in violation of Article X, Flood Damage Prevention; and

2.

A hearing will be held before the Administrator or designee at a stated time and place, not later than ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

3.

That following the hearing the Administrator may issue an order to alter, vacate or demolish the building or to remove fill as applicable.

D.

If, upon a hearing held pursuant to the notice prescribed above, the Administrator shall find that the building or development is in violation of the Article X, Flood Damage Prevention she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time not less than sixty (60) calendar days, nor more than one hundred eighty (180) calendar days. Where the Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. In addition, the Administrator may issue any penalty of fine authorized by Sections 17-1503 and/or 17-1504.

E.

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 17-1504.

F.

The Administrator shall issue stop work orders in accordance with Section 17-1503.

(Ord. No. 2021-64-R, 7-13-21)

A.

Whenever the Administrator determines that a person is engaged in doing work that constitutes, creates, or results in a violation of this chapter and that injury to public health and safety will occur if the violation is not terminated immediately, the Administrator may order the specific part of the work that constitutes, creates, or results in a violation of this chapter to be immediately stopped.

B.

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 therefor, and the conditions under which the work may be resumed. A copy of the stop work order shall also be sent forthwith to the owner of the property where the work is taking place and the developer, if different from the owner.

C.

Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the Board of Adjustment pursuant to Section 17-1400, "Appeals." However, notwithstanding Section 17-1400D., stop work orders shall remain in effect during an appeal, except as provided in subsection D. of this section.

D.

The Board of Adjustment shall meet and act upon the appeal within fifteen (15) working days after receipt of the appeal notice. If the Board 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 Board of Adjustment meets and acts on the appeal.

E.

The notice of hearing requirements set forth in Section 17-1451 shall not apply to appeals of stop work orders. However, the 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.

F.

Neither the person upon whom a stop work order is served nor an owner or developer served with a copy under subsection B. 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 D.

(Ord. No. 2021-64-R, 7-13-21)

A.

Violations of the provisions of this chapter 17 or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances, special use permits, or conditional zoning districts and violations of stop work orders, shall constitute a misdemeanor, punishable as provided in G.S. § 14-4.

B.

Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the issuance of variances, special use permits, or conditional zoning districts, shall also subject the offender to a civil penalty of up to three hundred dollars ($300.00) per violation per day.

C.

The Administrator, code enforcement officer or any designee of the Administrator may issue civil penalties of violations of this chapter as follows:

1.

First offense: one hundred ($100.00) dollars.

2.

Second offense: two hundred ($200.00) dollars.

3.

Third offense: three hundred ($300.00) dollars.

4.

The Town may seek reimbursement of the costs to remedy a violation, including the costs of abating nuisances. The minimum cost for reimbursement is twenty-five ($25.00) dollars. Twenty-five dollars ($25.00) is the minimum administrative cost to remedy a violation. Additional costs will be based on the actual charges as documented by the Administrator of Administrator's designee.

D.

In the event of serious violations of this chapter, the Administrator may assess the maximum penalty of three hundred dollars ($300.00) at the first or second offense. In determining the amount of the civil penalty assessment, the Administrator shall consider the following factors, and the administrative decision levying a civil penalty shall cite those factors deemed applicable:

1.

Whether the violation poses or could pose a threat to the public health or to private property;

2.

The duration and gravity of the violation;

3.

The cost of rectifying the damage;

4.

The amount of money saved by noncompliance;

5.

Whether the violation was committed willfully or intentionally, negligently, or as the result of an unforeseeable or unavoidable accident;

6.

Whether the violator promptly ceased the violation upon notice by the Town and took whatever steps were reasonably possible to limit or correct any damage caused by the violation;

7.

The prior record of the violator in complying or failing to comply with the provisions of this chapter or any of its requirements, including violations of any conditions and safeguards established in connection with the issuance of variances, special use permits, or conditional zoning districts;

8.

The cost to the Town of the enforcement procedures;

9.

The scope and the scale of the project where the violation occurs; and

10.

Whether the civil penalty is levied for a single day's violation or a single event or whether it is levied daily for a continuing violation, as authorized under Section 17-1504F. Civil penalties levied daily may cumulatively exceed the three hundred dollar ($300.00) cap set forth in this subsection.

E.

A notice of civil penalty shall inform the violator that the penalty is due upon receipt of the notification and, if applicable, that successive civil penalties of a specified amount shall accrue each day that the violation continues. The notice shall also inform the violator that if the civil penalty is not paid within ten (10) days of receipt of the notice, the penalty may be recovered by the Town in a civil action in the nature of debt.

F.

Appeals.

1.

A civil penalty may be appealed to the Board of Adjustment in accordance with Section 17-1400, except that such appeal must be filed within ten (10) days after receipt by the violator of the notice of civil penalty.

2.

An appeal stays further efforts to collect a civil penalty but does not stay the accrual of daily civil penalties.

3.

If a civil penalty is levied for a violation about which the violator was previously sent a final notice of violation in accordance with Section 17-1502, and the violator did not appeal to the Board of Adjustment within the prescribed time the Administrator's determination as to the existence of the violation, an appeal of the civil penalty under this subsection presents only the issue of whether the Administrator erred in setting the amount of the civil penalty, not the issue of whether the violation occurred or the violator's responsibility for the violation.

G.

This chapter may also be enforced by any appropriate equitable action, including but not limited to injunction and orders of abatement.

H.

Each day's continuing violation shall be a separate and distinct offense.

I.

Any one (1), all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

(Ord. No. 2021-64-R, 7-13-21)

A.

A zoning, sign, or special use permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this ordinance, or any additional requirements lawfully imposed by the permit-issuing authority.

B.

Before a special use permit may be revoked, all the notice and evidentiary hearing and other requirements of Articles VI and XIV of this chapter shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

C.

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection A. shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

D.

A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or finding of fact that support the motion.

E.

Except in cases of emergency or immediate danger to life and property, before a zoning or sign permit may be revoked, the Administrator shall give the permit recipient ten (10) days' notice of intent to revoke the permit. The Administrator shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.

F.

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

G.

Zoning permits required pursuant to G.S. §§ 160D-403 and 160D-1110 may be denied for lots that have been illegally subdivided. No Zoning permit may be denied, however, if the permit applicant can show that he or she purchased the lot in good faith (i.e., he or she did not know and had no reasonable way of knowing that the lot was illegally subdivided) and for value.

(Ord. No. 2021-64-R, 7-13-21)

A.

Every quasi-judicial decision of the Town Council granting or denying a special use permit and every final quasi-judicial decision of the Board of Adjustment or Historic Preservation Commission shall be subject to review by the Superior Court of Johnston County by proceedings in the nature of certiorari.

B.

The petition for the writ of certiorari must be filed with the Johnston County Clerk of Court within thirty (30) days after the later of the following occurrences:

1.

A written copy of the Council's or other decision-making bodies (see Section 17-1455, "Written Decision") has been filed with the Town Clerk; or

2.

A written copy of the Council's or Board's decision (see Section 17-1455) 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 Selma.

(Ord. No. 2021-64-R, 7-13-21)