|
Article 9: Enforcement
<br /> Section 9.6: Penalties, Remedies, and Enforcement Powers
<br /> this Ordinance for failure to comply with the provisions of tXw the ms and
<br /> conditions of a permit or authorization granted under this O(B) Any permit, certificate, or authorization mistake nly issued ite law or local
<br /> rdinance, or issued on the basis of misrepresentations by ner, or o er's agent may be revoked without such written determ
<br /> 9.6.3 Permit Denial o onditioning
<br /> (A) As long as a i lation of this Ordinance remains uncor cted, the Planning Director may
<br /> deny or withhold royal of any permit, certificate r other authorization provided for in
<br /> this Ordinance that i ought for the property on hich the violation occurs.
<br /> (B) The Planning Director m also condition a ermit, certificate, or authorization on the
<br /> correction of the violation an or payme of a civil penalty, and/or posting of a
<br /> compliance security.
<br /> 9.6.4 Injunctive and Abatement Relief in perio ourt
<br /> (A) A violation may be ccrrec d by any appro " to equitable remedy, a mandatory or
<br /> prohibitory injunction, an order of abatemen s authorized by NCGS 153A-123.
<br /> (B) The Planning Dir or shall have the authority to a ute an order of abatement if the
<br /> violator does comply with such order, and the cos f the execution shall be
<br /> recovered a lien on the property in the nature of a mec nic's or materialman's lien.
<br /> 9.6.5 Criminal Pe ties
<br /> Z(A) person, firm or corporation who violates the provisions of this Or i ance or fails to
<br /> ply with any of its requirements shall, upon conviction, be guilty of a lass 3
<br /> emeanor and shall be fined not more than a maximum of$500.00, imp ' onment of
<br /> o 30 days, or both, for each violation, as provided in NCGS Section 14-4.
<br /> Planning Director may refer a violation to the District Attorney for institution of
<br /> inal prosecution of the alleged violator.
<br /> 9.6.6 Stop Work Order
<br /> (A) If a building or structure is erected, constructed, reconstructed, altered, repaired,
<br /> converted, moved or maintained, or any building, structure or land is used in violation of a
<br /> Stop Work Order, the Planning Director, in addition to other remedies, may institute any
<br /> appropriate action or proceedings to prevent the unlawful erection, construction,
<br /> reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain,
<br /> correct or abate the violation, to prevent occupancy of the building, structure or lands, or
<br /> to prevent any illegal act, conduct, business or use in or about the premises.
<br /> (B) Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the
<br /> violating activity and/or the property owner, and shall state the reasons for the issuance
<br /> of the Order, and the conditions under which activity may be resumed. Notice shall be
<br /> given by registered or certified mail, return receipt requested. A copy of the notice shall
<br /> also be sent by regular mail. Service shall be deemed sufficient if the notice by certified
<br /> mail is unclaimed or refused, but the notice by regular mail is not returned by the post
<br /> office within ten days after mailing. Upon issuance of such Order, and posting of same
<br /> on the site of the violation, all work on the site of the violation shall cease, except those
<br /> activities necessary to bring the site into compliance with this Ordinance.
<br /> (C) The person(s) conducting the violating activity and/or the property owner may appeal the
<br /> Stop Work Order to the Board of Adjustment pursuant to Section 2-.242.27 of this
<br /> Ordinance.
<br /> Orange County,North Carolina—Unified Development Ordinance Page 9-6
<br />
|