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ORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments
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ORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments
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Last modified
4/29/2013 12:56:57 PM
Creation date
8/2/2011 11:44:14 AM
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BOCC
Date
6/26/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8m
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Agenda - 06-26-2003-8M
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 06-26-2003
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ORDINANCE AS ADOPTED BY THE BOCC 17 <br />filed with the Planning Director, for extension of the specified time limit for correction of <br />the violation. The Planning Director shall assist individuals in the preparation of said <br />statement in cases where an individual(s) is /are unable to prepare a written statement. <br />The Planning Director will recommend whether the time limit should be extended. On <br />determining that the request includes enough information to show that the violation <br />cannot be corrected within the specified time limit for reasons beyond the control of the <br />person requesting the extension, the Board of County Commissioners Planning Dore <br />may extend the time limit as reasonably necessary to allow timely correction of the <br />violation. <br />VII -E -2.5 Failure to Comply with Notice: <br />If the violator does not comply with a notice of violation, or correction order, the violator <br />shall be subject to enforcement action as prescribed by State law or by this Ordinance. <br />VII -E -2.6 Enforcement Action After Time Limit to Correct Violation: <br />Following the time limit for correction of the violation, including any stay or extension <br />thereof, the Planning Director shall determine whether the violation has been corrected. <br />If the violation has been corrected, the Planning Director shall take no further action <br />against the alleged violator. If the violation has not been corrected, the Planning Director <br />may act to impose one or more of the remedies and penalties specified in the notice of <br />violation, or correction order. <br />VII -E -3 Remedies: Penalties: Enforcement Action <br />VII -E -3.1 General <br />The Planning Director may pursue one (1) or more of the following remedies and <br />penalties described below or in Article VII -E -4, or otherwise authorized by common law or <br />statute, to prevent, correct, or abate a violation of this Ordinance. , <br />, <br />324, and 3q4 et . Use of one (1) of the authorized remedies and penalties does not <br />preclude the Planning Director from using any other authorized remedies or penalties, <br />nor does it relieve any party to the imposition of one (1) remedy or penalty from <br />imposition of any other authorized remedies or penalties. <br />a) Permit Denial or Conditioning: <br />As long as a violation of this Ordinance remains uncorrected, the Planning <br />Director may deny or withhold approval of any permit, certificate, or other <br />authorization provided for in this Ordinance that is sought for the property on <br />which the violation occurs. The Planning Director may also condition a permit, <br />certificate, or authorization on the correction of the violation and /or payment of a <br />civil penalty, and /or posting of a compliance security. <br />b) Injunctive and Abatement Relief in Superior Court: <br />The County may apply to a General Court of Justice in accordance with the <br />provisions of G.S. 153A -123 (e) and G.S. 153A -334 to bring an action for <br />injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the <br />Court shall, upon appropriate findings, issue an injunction and order requiring the <br />offending party to comply with this Section. <br />C) Criminal Penalties: <br />Any person who, being the owner or the agent of the owner of any land located <br />within the jurisdiction of this Ordinance, subdivides land in violation of this <br />
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