Orange County NC Website
Article 9: Enforcement 294 <br /> Section 9.6: Penalties, Remedies, and Enforcement Powers <br /> 9.6.1 In General <br /> (A) The Planning Director may pursue one or more of the remedies and penalties <br /> described herein or otherwise authorized by common law or statute to prevent, <br /> correct, or abate a violation of this Ordinance. <br /> (B) Use of one of the authorized remedies and penalties does not preclude the use of <br /> any other authorized remedies or penalties, nor does it relieve any party to the <br /> imposition of one remedy or penalty from imposition of any other authorized remedies <br /> or penalties. <br /> 9.6.2 Permit Revocation <br /> (A) In accord with the provisions of this Ordinance, the Planning Director, upon a written <br /> determination, may revoke any permit, certificate, or other authorization granted <br /> under this Ordinance for failure to comply with the provisions of this Ordinance or the <br /> terms and conditions of a permit or authorization granted under this Ordinance. <br /> WJ(11)L Revocation of any permit or authorization shall follow the same development <br /> review and approval process required for issuance of the development approval, <br /> including any required notice or hearing.149 <br /> (B) Any permit, certificate, or authorization mistakenly issued in violation of State law or <br /> local ordinance, or issued on the basis of misrepresentations by the applicant, owner, <br /> or 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 <br /> may deny or withhold approval of any permit, certificate, or other authorization <br /> provided for in this Ordinance that is sought for the property on which the violation <br /> 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 <br /> lien. <br /> 9.6.5 Criminal Penalties <br /> (A) Any person, firm or corporation who violates the provisions of this Ordinance or fails <br /> to 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 <br /> of 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 /> 149 New requirement in NCGS 160D-403(f). <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-6 <br />