The Zoning Enforcement Officer who shall be appointed by the Wayne County Board of Commissioners is authorized to administer and enforce the provisions of this ordinance. If the Zoning Enforcement Officer finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall also take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

It shall be unlawful for any person who has received a special use or variance to violate the restrictions on the special use or variance. Violations shall cause the special use to be terminated. The County shall have authority to seek relief from the General Court of Justice to enforce this ordinance by injunction, restraining order, or other means. ^[86]

No land shall be used or occupied and no structure shall be erected, moved, extended, or enlarged, nor shall any excavation or filling of any lot for the construction of any building be commenced until the Zoning Enforcement Officer has issued a Zoning Certificate which will certify that such work is in conformity with the provisions of this ordinance.

Each application to the Zoning Enforcement Officer for a Zoning Certificate shall be accompanied by plot plans in duplicate showing:

a.

the actual dimensions of the lot to be built upon;

b.

the size of the building to be erected and its location on the lot;

c.

the location of existing structures on the lot, if any;

d.

the number of dwelling units the building is designed to accommodate, if any,

e.

the dimension and location of off-street parking facilities;

f.

the approximate setback lines of buildings on adjoining lots;

g.

the use of said land of structure; and

h.

any other information the Zoning Enforcement Officer may require which will aid in determining conformance with this ordinance.

112.1

A record of all Zoning Certificates shall be kept on file in the office of the Zoning Enforcement Officer.

112.2

Any Zoning Certificate issued shall become invalid if the work authorized by it has not been commenced within six (6) months of the date of issuance, or if the work authorized by it is suspended or abandoned for a period of one (1) year.

No land or building shall be used or occupied until a Certificate of Occupancy has been issued by the Zoning Enforcement Officer, stating that the building or proposed use complies with the provisions of this ordinance. A Certificate of Occupancy, either for the whole or a part of a building shall be applied for before such structure is occupied and shall be issued within ten (10) days after the erection or alteration of such building, or part, shall have been completed in conformity with the provisions of this ordinance. No previously unoccupied structure shall be occupied until the Certificate of Occupancy is issued.

The enforcement officer may obtain enforcement from a court of competent jurisdiction through equitable remedies such as, prohibitory injunctions, affirmative injunctions, mandamus, or an order of abatement as provided by North Carolina General Statute 153A-123.

Notwithstanding equitable remedies, a violation of any provision of this ordinance shall subject the violator to a civil penalty in the amount of $50.00 to be recovered by Wayne County. Violators shall be issued a written citation which must be paid within ten days.

Any violation of this ordinance of [or] failure to comply with this ordinance may be enforced by any one or more of the remedies specified above. Each day such violation continues shall be considered a separate and distinct violation.

Nothing herein contained shall prevent Wayne County from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 4-6-2021; Ord. of 12-21-2021)

If the Zoning or Occupancy Certificate is denied, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment within 30 days of receipt of the written notice of the determination.

(Ord. of 4-6-2021)