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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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a) Permit Revocation: <br />In accord with the provisions of this Ordinance, the Zoning Officer, <br />upon a written determination by the Zoning Officer, may revoke any <br />permit, certificate, or other authorization granted under this Ordinance <br />for failure to comply with the provisions of this Ordinance or the terms <br />and conditions of a permit or authorization granted under this <br />Ordinance. Any permit, certificate, or authorization mistakenly issued <br />in violation of State law or local ordinance, or issued on the basis of <br />misrepresentations by the applicant, owner, or owner's agent may be <br />revoked without such written determination. <br />b) Permit Denial or Conditioning: <br />As long as a violation of this Ordinance remains uncorrected, the <br />Zoning Officer may deny or withhold approval of any permit, certificate, <br />or other authorization provided for in this Ordinance that is sought for <br />the property on which the violation occurs. The Zoning Officer may <br />also condition a permit, certificate, or authorization on the correction of <br />the violation and /or payment of a civil penalty, and /or posting of a <br />compliance security. <br />c) Injunctive and Abatement Relief in Superior Court: <br />A violation may be corrected by any appropriate equitable remedy, a <br />mandatory or prohibitory injunction, or an order of abatement as <br />authorized by NCGS 153A -123. The Zoning Officer shall have the <br />authority to execute an order of abatement if the violator does not <br />comply with such order, and the costs of the execution shall be a lien <br />on the property in the nature of a mechanic's or materialman's lien. <br />d) Criminal Penalties: <br />Any person, firm or corporation who violates the provisions of this <br />Ordinance or fails to comply with any of its requirements shall, upon <br />conviction, be guilty of a Class 3 misdemeanor and shall be fined not <br />more than a maximum of five hundred dollars ($500.00), imprisonment <br />of up to thirty (30) days, or both, for each violation, as provided in <br />NCGS Section 14 -4. The Zoning Officer may refer a violation to the <br />District Attorney for institution of criminal prosecution of the alleged <br />violator. <br />e) Judicial Action to Collect Civil Penalty: <br />A civil action in the nature of a debt may be filed in any court of <br />competent jurisdiction to collect an unpaid civil penalty imposed under <br />Article 23.4 below. a <br />23 -5 <br />
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