Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Any written complaint stating fully the cause and basis of the complaint shall be filed with the Administrator who shall properly record such complaint, investigate in a timely manner and take appropriate action as provided by this Ordinance.

[A.

Civil:] Any property owner or owner's agent of any land located within the jurisdiction of the Town of Wendell, who subdivides land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the office of the Register of Deeds, shall be subject to a civil penalty not exceeding $100.00 per day.

B.

Criminal: No person, firm, or corporation convicted of violating the provisions of this Ordinance shall be subject to a criminal penalty unless a criminal penalty is specifically provided for in the ordinance. Pursuant to North Carolina General Statute 14-4, any person, firm, or corporation convicted of violating the provisions of this Ordinance specifying a criminal penalty shall, upon conviction, be guilty of a misdemeanor and shall be fined in the amount stated in such provision, and if none state, then in an amount consistent with the General Statutes.

(Ord. No. O-47-2021, 12-13-2021)

Failure to comply with any provision of this Ordinance is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this Ordinance and one, all or a combination of the remedies authorized and prescribed by this Chapter may be used.

A.

Civil Penalty: The Administrator may, in addition to other remedies found in this Chapter, issue civil penalties.

1.

Penalties for Violation:

a.

Any person determined to be in violation of any of the provisions of this Ordinance shall receive a warning citation Such citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. The warning citation shall specify that a second citation may incur a civil penalty, together with costs, and attorney fees.

b.

If the violation is an infraction for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated in which the violation must be abated.

c.

Where the Administrator determines that the period of time stated in the original warning citation or consent agreement is not sufficient for abatement based upon the work required, the Administrator may amend the warning citation to provide for additional time.

d.

Upon failure of the violator to obey the warning citation, a Notice of Violation (NOV) shall be issued by the Administrator and shall be delivered to the holder of the development approval and to the landowner of the property involved, if different, by personal delivery, or first-class mail addressed to the last known address of the violator as contained in the records of the Town or County property tax records or obtained from the violator at the time of issuance of the warning citation. Electronic delivery may also be used but not as the sole means of communication. The NOV may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The NOV shall direct the violator to pay the civil assessment within 15 calendar days of the date of the notice. The Administrator shall certify that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

e.

The violation for which the NOV is issued must have been corrected by the time the citation is paid otherwise further citations shall be issued. Citations may be issued for each calendar day the offense continues until the prohibited activity is ceased or abated.

f.

Civil penalties shall be in the amount of $100.00 for each violation and each calendar day any single violation continues shall be a separate violation.

g.

The owner, tenant, or occupant of any building or land or part thereof or any person who participates in or acts in concert, assists, directs, creates, or maintains any condition found to be a violation shall be subject to the penalties and remedies herein provided.

2.

Failure to Pay: If the civil penalty is not paid within 15 calendar days of the issuance of a NOV, the Town may initiate a civil action in the nature of a debt collection to recover the penalty, costs, attorney fees, and such other relief as permitted by law. Such action shall be in the amount of $100.00 for each violation and each calendar day any single violation continues shall be a separate violation and shall not stop further civil penalties from accruing if the violation has not been corrected.

3.

Civil Citations not Exclusive: Civil penalties are an additional remedy for code enforcement. In addition thereto, all remedies allowed in North Carolina General Statutes and this Ordinance may also be pursued by the Town at the same time without waiving the civil penalties authorized in this Chapter.

4.

Appeal of determination of violation:

a.

A person notified of a violation may appeal such determination to the Board of Adjustment. Such appeal shall be filed in writing with the Town not later than ten work days after the receipt of the first notice issued. Failure to file a timely appeal shall constitute acceptance of the determination that a violation exists. If an appeal is filed, further action by the Administrator shall be suspended until a ruling is issued by the Board of Adjustment.

b.

The Board shall only have power in the manner of administrative review and interpretation where it is alleged that the Administrator has made an error in the application of the Ordinance, in the factual situation as it relates to the application of the Ordinance, or both.

c.

If the Board finds that a violation exists, enforcement under this Chapter shall continue despite any further appeals by the violator. The fact that an appeal has been filed or ruled upon by the BOA shall not prevent the Town from pursuing other enforcement remedies allowed by law on the same violation..

B.

Criminal: Pursuant to North Carolina General Statute 14-4, any person, firm, or corporation convicted of violating the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount consistent with the General Statutes.

C.

Equitable Remedy: In addition to the civil penalties set out above, any provision of this Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The Administrator may apply to a judicial court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. It is not a defense to the Administrator's application for equitable relief that there are other remedies provided under general law or this Ordinance.

D.

Injunction: In addition to the civil penalties set out above, enforcement of the provisions of this Ordinance may also be achieved by injunction. When a violation occurs, the Administrator may, either before or after the initiation of other authorized action, apply to the appropriate division of the court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property. The action shall be governed in all respect by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.

E.

Order of Abatement: In addition to an injunction, the Administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

1.

Buildings or other structures on the property be closed, demolished, or removed;

2.

Fixtures, furniture or other moveable property be moved or removed entirely;

3.

Improvements alterations, modifications or repairs be made; or

4.

Any other action be taken that is necessary to bring the property into compliance with this Ordinance.

F.

Execution of Court Decisions: If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt. The Administrator may execute the order of abatement and will have a lien on the property in the nature of a mechanic's and materialman's lien for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter was heard and shall be conditioned for the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.

G.

Stop Work Order Issuance and Revocation of Permits:

1.

Zoning and Development: Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered, or repaired in material violation of any applicable provision of this Ordinance, the Administrator may order the specific part of the work that is in violation, or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery or first-class mail. Electronic delivery may also be used but not as the sole means of communication. The Administrator shall certify that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.

2.

NC Building Code: See Interlocal Agreement Between the Town of Wendell and Wake County for Inspections and North Carolina State Building Code.

The Administrator may revoke any permit (e.g., Building Certificate of Occupancy) by written notification to the permit holder stating the reason for the revocation when violations of this Ordinance have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a refusal or failure to comply with the requirements of this Ordinance, or a permit has been mistakenly issued in violation of this Ordinance. The Town 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.

(Ord. No. O-11-2021, § 2, 3-22-2021; Ord. No. O-16-2021, § 1, 4-26-2021)