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Article 9: Enforcement 295
<br /> Section 9.6: Penalties, Remedies, and Enforcement Powers
<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
<br /> of a Stop Work Order, the Planning Director, in addition to other remedies, may
<br /> institute any appropriate action or proceedings to prevent the unlawful erection,
<br /> construction, reconstruction, alteration, repair, conversion, moving, maintenance or
<br /> use, to restrain, correct or abate the violation, to prevent occupancy of the building,
<br /> structure or lands, or to prevent any illegal act, conduct, business or use in or about
<br /> the premises.
<br /> (B) Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting
<br /> the violating activity and/or the property owner, and shall state the reasons for the
<br /> issuance of the Order, and the conditions under which activity may be resumed.
<br /> Notice shall be given by registered or certified mail, return receipt requested. A copy
<br /> of the notice shall also be sent by regular mail. Service shall be deemed sufficient if
<br /> the notice by certified mail is unclaimed or refused, but the notice by regular mail is
<br /> not returned by the post office within ten days after mailing. Upon issuance of such
<br /> Order, and posting of same on the site of the violation, all work on the site of the
<br /> violation shall cease, except those activities necessary to bring the site into
<br /> compliance with this Ordinance.
<br /> (C) The person(s) conducting the violating activity and/or the property owner may appeal
<br /> the Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this
<br /> Ordinance.
<br /> 9.6.7 Civil Penalty
<br /> (A) The Planning Director may impose one or more civil penalties and issue one or more
<br /> Civil Penalty Citations for a violation as provided in this subsection. If the violator
<br /> does not pay the penalty, the Planning Director may collect it in a court through a civil
<br /> action in the nature of a debt.
<br /> (B) Notice
<br /> The Planning Director shall give the responsible person(s) and the landowner, if the
<br /> landowner is not the responsible person(s), written notice of the civil penalty citation,
<br /> either by personal delivery, electronic delivery, or first class mail
<br /> GOPY of the RGtiGe shall alsG be seRt by regular mail. R-ep.4r.e shall be deemed SuffiGieRt
<br /> the RGtiGe by Gertified mail 06 LIRGlairned Ar ref,-sed, but the ROtiGe by regular mail 06 RGt
<br /> days after mailing, provided that a RGtiGe of GiVil
<br /> „eRalty Ghat,^ ested OR aGonspiGUeUS place on the ^ ^ffo^+o,1. The notice
<br /> shall include a copy of the notice of violation, the amount of the penalty, information
<br /> about where to pay the penalty, the deadline for payment, which shall be ten days from
<br /> the date of the notice, and the possibility of civil and/or criminal enforcement. The
<br /> Planning Director shall certify that the notice was provided.l5o
<br /> (C) Penalty Amount
<br /> The Planning Director may impose a penalty of$500.00 per day of violation.
<br /> (1) For purposes of assessing the amount of a civil penalty, each day the violation
<br /> remains uncorrected after receipt of the final notice of violation, correction order,
<br /> Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of
<br /> emergency enforcement, shall constitute a separate violation that subjects the
<br /> violator to additional civil penalties.
<br /> (D) Settlement of Claims
<br /> The Planning Director is authorized to determine the amount of payment that will be
<br /> accepted in full and final settlement of some or all of the claims the governing body may
<br /> 150 Conforming language to new requirements.
<br /> Orange County, North Carolina—Unified Development Ordinance Page 9-7
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