This article applies to all provisions of this Article unless another article has a separate enforcement section.

The Planning Director and County Attorney are responsible for enforcing this ordinance.

The following persons may be jointly and severally responsible for violations of this ordinance and subject to enforcement:

20-12-1

Any owner of property on which a violation of this ordinance occurs;

20-12-2

Any architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this ordinance; and

20-12-3

Any tenant or occupant who has control over, or responsibility for, its use or development.

Unless lawfully exempted, the following uses or actions are violations:

20-13-1

To use land or buildings inconsistent with the requirements of this ordinance;

20-13-2

To erect a building or structure inconsistent with the requirements of this ordinance;

20-13-3

To develop or subdivide land inconsistent with the standards of Article 8;

20-13-4

To subdivide or transfer or sell land by reference to a subdivision plat unless the subdivision has been approved, and recorded as provided in Article 19 (the description of 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 this ordinance);

20-13-5

To record a plat of any subdivision unless the plat has been approved as provided in Article 19;

20-13-6

To install or use a sign inconsistent with the requirements of Article 18;

20-13-7

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits or approvals under this ordinance without obtaining all such required permits or approvals;

20-13-8

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits under this ordinance in any way inconsistent with any such permit or approval or any conditions imposed thereon;

20-13-9

To violate the terms of any permit or approval granted under this ordinance or any condition imposed on such permit or approval;

20-13-10

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this ordinance;

20-13-11

To violate any lawful order issued under this ordinance; or

20-13-12

To continue any violation of this ordinance.

Wake County may utilize the following remedies and penalties to prevent, correct, or abate a violation of this ordinance. These remedies and penalties are not mutually exclusive.

20-14-1

Permit Denial. If a violation of this ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit provided for in this ordinance that is sought for the property on which the violation exists.

20-14-2

Permit Revocation.

(A)

In addition to initiation of enforcement actions under G.S. 160D-404 and in accordance with the provisions of 19-42-1(E) and the provisions of Article 20 of this Ordinance, the Planning Director may revoke any permit issued under this ordinance for failure to comply with the provisions of this ordinance or the terms and conditions of a permit or authorization granted under this ordinance.

(B)

The Planning Director 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.

(C)

Development or permit 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 standards of this Ordinance or any State Law delegated to Wake County Government for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the permit.

(D)

Any permit approval mistakenly issued in violation of this Ordinance may also be revoked.

(E)

The revocation of a development or permit approval by the Planning Director may be appealed pursuant to Section 19-41 of this Ordinance.

20-14-3

Civil Penalty.

(A)

Violation of this ordinance subjects the violator to a civil penalty in the amount of $100.00 per day. The Planning Director imposes a civil penalty by giving the violator a written citation, either in person; by certified mail, return receipt requested; or by first class mail if the certified mail is refused or unclaimed. The citation must describe the violation, specify the amount of the civil penalty being imposed, and direct the violator to pay the civil penalty to the county within ten days of the date the citation is received or presumed to have been received. If the violator fails to either pay the civil penalty or correct the violation within this time limit, Wake County may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty.

(B)

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

20-14-4

Reserved for future use.

20-14-5

Injunction and Abatement Order. Wake County may institute a civil action for mandatory and prohibitory injunctions and order of abatement commanding the violator to correct or cease a violation of this ordinance. Pursuant to NCGS Section 153A-123 if the violator fails to comply with a court order and the county has to abate the violation, then the county shall have a lien on the property on which the violation occurred to cover the county's costs of abatement.

20-14-6

Forfeiture and Confiscation of Signs. Any illegal sign installed or placed on public property will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the county has the right to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.

20-14-7

Other Equitable Relief. In addition to the above remedies and penalties, Wake County may institute any other appropriate equitable action or proceeding in a court of competent jurisdiction to prevent, correct, or abate a violation of this ordinance.

[Amended 6/7/2021 by OA-01-21; 3/20/2023 by OA-03-22].

20-15-1

Investigation. Upon receipt of a written complaint, the Planning Director must investigate the complaint and determine whether a violation exists.

20-15-2

Notice of Violation. When a violation of the Wake County Unified Development Ordinance is verified, the Planning Director must notify the responsible parties as defined in Section 20-12 of this Section by personal delivery, electronic delivery, first class mail or by certified mail, return receipt requested. If the certified notice is returned, refused or unclaimed, then first-class mail to the same address will be deemed proper notice. The notice must describe the nature of the violation and state the actions necessary to correct the violation.

20-15-3

Appeal to Board of Adjustment.

(A)

Any person aggrieved by the Notice of Violation may appeal it to the Board of Adjustment in accordance with the provisions of Sec. 19-41.

(B)

If the appeal is not filed with the County within the time limit specified in Sec. 19-41, then it is waived.

20-15-4

Extension of Time Limit to Correct Violation. The recipient of a Notice of Violation, or the owner of the property on which the violation occurs, may submit to the Planning Director a written request for a time extension to come into compliance. On determining that the request has merit the Planning Director may extend the time limit as reasonably necessary to allow timely correction of the violation.

20-15-5

Enforcement Action After Time Limit to Correct Violation. If the violation has not been abated as directed by the County, the County may proceed to legal enforcement.

20-15-6

Emergency Enforcement Without Notice. If delay in abating a violation would pose a danger to the public health, safety, or welfare, Wake County may seek immediate enforcement without prior written notice.

[Amended 6/7/2021 by OA-01-21].