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:

5-1.1.

Development without permit. A "development without a permit" violation means to engage in any development, use, construction, remodeling or other activities of any nature upon the land or improvements thereon subject to the jurisdiction of this ordinance without required permits, certificates or other forms of authorization as set forth in this ordinance. A "development without a permit violation" shall result in the assessment of a fee that is double the normal permit fee.

5-1.2.

Development inconsistent with permit. A "development inconsistent with a permit" violation means to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

5-1.3.

Violation by act or omission. A "violation by act or omission" means to violate, by act or omission, any term, variance or waiver, condition, or qualification placed by the city council or its authorized boards upon any required permit, certificate or other form of authorization for the use, development or other activity upon land or improvements thereon.

5-1.4.

Use in violation. A "use in violation" means to erect, construct, reconstruct, alter, repair, convert, maintain or use any building or structure or to use any land in violation or contravention of this ordinance, or any other regulation made under the authority conferred thereby.

5-1.5.

Subdivide in violation. A "subdivide in violation" means to subdivide land in violation of this ordinance or transfer or sell land by reference to, exhibition of, or any other use of a plat or map showing a subdivision of the land before the plat or map has been properly approved under this ordinance and recorded in the Cleveland County Office of the Register of Deeds. 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 violation of this ordinance.

5-1.6.

Continue a violation. Each day's violation of any provision of this ordinance is a separate and distinct offense.

(Ord. No. 1-2006, §§ 8, 17, 18, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008)

It is the intention of this ordinance, unless otherwise provided, that all questions arising in connection with the enforcement of this ordinance shall be presented first to the UDO administrator and that such questions shall be presented to the board of adjustment only on appeal from the UDO administrator's decision. An appeal by one with standing as defined by G.S. 160D-405 from the decision of the board of adjustment shall be by proceedings in the nature of certiorari to the superior court as provided by law and must be filed with the city clerk within the 30-day appeal period described in section 5-7.2. It is further the intention of this ordinance that the duties of the city council in connection with this ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)

When the UDO administrator or his agent finds a violation of this ordinance or receives a complaint alleging a violation 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. The owner or occupant shall immediately remedy the violation.

5-3.1.

Notice of violation. If the owner or occupant of the land, building, sign, structure, or use in violation fails to take prompt corrective action, the UDO administrator shall give the owner or occupant written notice, by first class or registered mail, personal delivery, or electronic delivery to his last known address or by personal service or by posting notice of the violation conspicuously on the property:

(A)

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

(B)

The nature of the violation, and citation of the section of this ordinance violated; and

(C)

The measures necessary to remedy the violation.

5-3.2.

Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the UDO administrator to the board of adjustment, in accordance with the provisions of section 7-1, within 30 days following the date of receipt of the notice of violation. The board of adjustment 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 remedies and penalties sought by the UDO administrator in the notice of violation shall be final.

5-3.3.

Order of corrective action. If upon a hearing held pursuant to an appeal as prescribed above, the board of adjustment shall find that the owner or occupant is in violation of this ordinance, the board of adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.

5-3.4.

Failure to comply with an order. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or an order of corrective action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state law and section 5-4. If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.

(Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)

Any one or all of the following procedures may be used to enforce the provisions of this ordinance:

5-4.1.

Injunction. Any violation of this ordinance or of any condition, order, or requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceedings pursuant to state law.

5-4.2.

Civil penalties. Any person who violates any provisions of this ordinance shall be subject to the assessment of a civil penalty under the procedures provided in section 5-5.

5-4.3.

Denial of permit or certificate. The UDO administrator may withhold or deny any permit, certificate, occupancy or other form of authorization on any land, building, sign, structure or use in which there is an uncorrected violation of a provision of this ordinance or of a condition or qualification of a permit, certificate or other authorization previously granted.

5-4.4.

Conditional permit. The UDO administrator may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by the city attorney.

5-4.5.

Revocation of permits. In accordance with section 5-6, permits shall be revoked for any substantial departure from the approved applications, plans, or specifications; refusal or failure to comply with the requirements of state or local laws, or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.

5-4.6.

Reserved.

5-4.7.

State and common law remedies. In addition to other enforcement provisions contained in this article, the city council may exercise any and all enforcement powers granted to it by state law or common law.

(Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)

5-5.1.

Penalties. Any person who violates any provisions of this ordinance shall be subject to assessment of the maximum civil penalty allowed by law.

5-5.2.

Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation in accordance with subsection 5-3.1. If after receiving a notice of violation under subsection 5-3.1, the owner or other violator fails to take corrective action, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the manner of a notice of violation. The citation shall state the nature of the violation, the civil penalty to be imposed upon the violator and shall direct the violator to pay the civil penalty within 15 days of the date of the notice.

5-5.3.

Responsible parties. The owner or occupant of any land, building, structure, sign, or use of land or part thereof and any architect, builder, contractor, agent or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of this ordinance may be held responsible for the violation and subject to the civil penalties and remedies herein provided.

5-5.4.

Continuing violation. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

5-5.5.

Demand for payment. The UDO administrator shall make written demand for payment upon the property owner or the person in violation, and shall set forth in detail a description of the violation for which the civil penalty has been imposed.

5-5.6.

Nonpayment. If payment is not received or equitable settlement reached within 30 days; after demand for payment is made, the matter shall be referred to legal counsel for institution of a civil action in the appropriate division of the general courts of justice for recovery of the civil penalty.

(Ord. No. 1-2006, § 18, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)

5-6.1.

General. 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 approved plans, the requirements of the ordinance, or any additional requirements lawfully imposed by the permit-issuing board.

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.

5-6.2.

Special use permit revocation. Before a special use permit 1 or 2 may be revoked, all of the notice and hearing requirements of subsection 4-7.5 shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

5-6.3.

Zoning or sign permit revocation. Before a zoning or sign permit may be revoked, the UDO administrator shall give the permit recipient ten days notice of intent to revoke the permit and 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 UDO administrator shall provide to the permittee a written statement of the decision and the reasons therefore.

(Ord. No. 1-2006, § 1, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)

5-7.1.

Appeal to superior court. Every decision of the city council granting or denying a special use permit and every final decision of the board of adjustment shall be subject to review by the Superior Court of Cleveland County by proceedings in the nature of certiorari. Appeals to quasi-judicial decisions shall follow the guidance set forth by G.S. 160D-1402.

5-7.2.

Timing of appeal. The owner or other party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.

A copy of the writ of certiorari shall be served upon the City of Shelby.

(Ord. No. 6-2008, § 1, 2-18-2008; Ord. No. 68-2024, Exh. A, 12-2-2024)