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Article 9: Enforcement
<br /> Section 9.6: Penalties, Remedies, and Enforcement Powers
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<br />Orange County, North Carolina – Unified Development Ordinance Page 9-6
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<br />this Ordinance for failure to comply with the provisions of this Ordinance or the terms and
<br />conditions of a permit or authorization granted under this Ordinance.
<br />(B) Any permit, certificate, or authorization mistakenly issued in violation of State law or local
<br />ordinance, or issued on the basis of misrepresentations by the applicant, owner, or
<br />owner’s agent may be revoked without such written determination.
<br />9.6.3 Permit Denial or Conditioning
<br />(A) As long as a violation of this Ordinance remains uncorrected, the Planning Director may
<br />deny or withhold approval of any permit, certificate, or other authorization provided for in
<br />this Ordinance that is sought for the property on which the violation occurs.
<br />(B) The Planning Director may also condition a permit, certificate, or authorization on the
<br />correction of the violation and/or payment of a civil penalty, and/or posting of a
<br />compliance security.
<br />9.6.4 Injunctive and Abatement Relief in Superior Court
<br />(A) A violation may be corrected by any appropriate equitable remedy, a mandatory or
<br />prohibitory injunction, or an order of abatement as authorized by NCGS 153A-123.
<br />(B) The Planning Director shall have the authority to execute an order of abatement if the
<br />violator does not comply with such order, and the costs of the execution shall be
<br />recovered by a lien on the property in the nature of a mechanic’s or materialman’s lien.
<br />9.6.5 Criminal Penalties
<br />(A) Any person, firm or corporation who violates the provisions of this Ordinance or fails to
<br />comply with any of its requirements shall, upon conviction, be guilty of a Class 3
<br />misdemeanor and shall be fined not more than a maximum of $500.00, imprisonment of
<br />up to 30 days, or both, for each violation, as provided in NCGS Section 14-4.
<br />(B) The Planning Director may refer a violation to the District Attorney for institution of
<br />criminal 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.
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