Whenever the Administrator receives a written, signed complaint alleging a violation of this Ordinance, they shall investigate the complaint, take whatever action is warranted, and inform the complainant what actions have been, or will be, taken.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or any 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, suffer the penalties, and be subject to the remedies herein provided.

A.

If the Administrator finds that any provision of this Ordinance is being violated, a written notice of violation shall be sent to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.

B.

The final written notice, which may also be the initial written 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. Appeals to the Administrator's determination shall follow the procedure described in Chapter 15 of this Ordinance.

C.

Notwithstanding the forgoing, in cases where a delay in corrective measures would seriously threaten the effective enforcement of this Ordinance, or pose a danger to the public health, safety, and welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 16.4 of this Ordinance.

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 the grants of variances or conditional use permits, shall constitute a misdemeanor punishable by a fine of up to $500 or a maximum of 30 days imprisonment as provided in NCGS § 14-4.

B.

Any act constituting a violation of the provisions of this Ordinance or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional use permits, shall be subject to penalties. The following penalties are hereby established:

1.

Warning Citation: Correct violation within 10 calendar days.

2.

First Citation: $50 fine.

3.

Second Citation: $100 fine.

4.

Third and subsequent citations for the same offense: $250 each day the violation continues.

If the offender fails to pay this penalty within 10 days 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 final notice of violation in accordance with Section 16.3 and did not make an appeal to the Board of Adjustment within the prescribed timeframe.

C.

This Ordinance may also be enforced by any appropriate equitable action.

D.

Each day that a violation continues after notification by the Administrator that such violation exists shall be treated as a separate offense for the purposes of the penalties and remedies specified in this Chapter.

E.

In addition, pursuant to NCGS § 160A-175, the Town may seek a mandatory or prohibitory injunction and an order of abatement commanding the offender to correct the unlawful condition upon, or cease the unlawful use of, the subject premises.

F.

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

A.

Any zoning, sign, conditional use, or site plan permit may be revoked by the Administrator 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 Administrator.

B.

Before a conditional use permit may be revoked, all of the notice and hearing requirements of Chapter 14 of this Ordinance must be complied with. The notice shall inform the permit recipient of the alleged grounds for the permit revocation.

1.

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any reasons set forth in Section 16.5.A of this Ordinance shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

2.

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

3.

The process for the revocation of an approved permit shall follow the process outlined in Chapter 15 of this Ordinance.

C.

Before a zoning, sign, conditional use, or site plan permit may be revoked, the permit recipient shall be given 10 days written notice of the intent to revoke the permit. The notice shall inform the recipient of the alleged reasons for the revocation and his right to obtain an informal hearing on the allegations before the Administrator, Planning Board, Board of Adjustment, or Town Council. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and reasons therefore.

D.

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

A.

Every final decision of the Board of Adjustment or Planning Board regarding an application for a site plan, or the Town Council regarding a conditional use permit shall be subject to review by the Superior Court by proceedings in the nature of certiorari.

B.

The petition for a writ of certiorari must be filed with the Tarboro Town Clerk within 30 days after the later of the following occurrences:

1.

A written copy of the board's decision has been filed with the Administrator for decisions made by the Board of Adjustment, Planning Board, or Town Council, or

2.

A written copy of the board's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant appellant, and to 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 certiorari shall be served upon the Town of Tarboro.