Agenda - 06-03-2003 - 8l - Laserfiche WebLink

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ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 15 VII -E -3 Remedies; Penalties: Enforcement Action VII -E -3.1 General The Planning Director may pursue one (1) or more of the following remedies and penalties described below or in Article VII -E-4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , Use of one (1) of the authorized remedies and penalties does not preclude the Planning Director from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Planning Director may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. b) Injunctive and Abatement Relief in Superior Court: The County may apply to a General Court of Justice in accordance with the provisions of G.S. 153A -123 (e) and G.S. 153A -334 to bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Regulations of the County. C) Criminal Penalties: Any person who, being the owner or the agent of the owner of any land located within the jurisdiction of this Ordinance, 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 guilty of a misdemeanor and shall be punishable, accordingly, by fine and /or imprisonment. 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 penalties. d) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article VII -E-4 below. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board