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<br /> Article 9: Enforcement
<br /> Section 9.6:Penalties,Remedies,and Enforcement Powers
<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 under
<br /> this Ordinance for failure to comply with the provisions of this Ordinance or the terms
<br /> and conditions of a permit or authorization granted under this Ordinance.
<br /> {A}(1) 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.is
<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 provided
<br /> for in 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
<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 /> 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
<br /> a Stop Work Order,the Planning Director,in addition to other remedies,may institute
<br /> any 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,
<br /> or 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
<br /> certified mail is unclaimed or refused,but the notice by regular mail is not returned by
<br /> the post office within ten days after mailing. Upon issuance of such Order,and posting
<br /> iss New requirement in NCGS 160D-403 f
<br /> Orange County,North Carolina—Unified Development Ordinance Page 9-6
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