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Article 9: Enforcement 302
<br /> Section 9.6: Penalties, Remedies, and Enforcement Powers
<br /> 9.6. Stop Work Order
<br /> If a building or structure is erected, constructed, reconstructed, altere , epaired,
<br /> converted, moved or maintained, or any building, structure or Ian used in violation
<br /> a Stop Work Order, the Planning Director, in addition to of remedies, may
<br /> ins a any appropriate action or proceedings to preven e unlawful erection,
<br /> constru ' n, reconstruction, alteration, repair, conve on, moving, maintenance or
<br /> use, to restr ' correct or abate the violation, to event occupancy of the building,
<br /> structure or Ian , or to prevent any illegal conduct, business or use in or about
<br /> the premises.
<br /> (B) Notice of a Stop Work Ord hal a in writing, directed to the person(s) conducting
<br /> the violating activity and/or t erty owner, and shall state the reasons for the
<br /> issuance of the Order, a he con ' ' ns under which activity may be resumed.
<br /> Notice shall be give y registered or ce ' ied mail, return receipt requested. A copy
<br /> of the notice sh also be sent by regular m Service shall be deemed sufficient if
<br /> the notice bcertified mail is unclaimed or refus but the notice by regular mail is
<br /> not retu ed by the post office within ten days after ing. Upon issuance of such
<br /> Or and posting of same on the site of the violation, a ork on the site of the
<br /> olation shall cease, except those activities necessary to brin he site into
<br /> compliance with this Ordinance.
<br /> (C) The person(s) conducting the violating activity and/or the property owne ay appeal
<br /> the Stop Work Order to the Board of Adjustment pursuant to Section 2.27 o s
<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 i^ pef&en a h„^or+ifio�J
<br /> or registered mail, return reGeipt requested. VVh-.. . . nade by Gertified mail, a
<br /> GGPY of the n0tiGe shall alse be sent by regular mail. SerViGe shall be deerned suffiGient
<br /> the nGtiGe by Gertified mail is unGlaimed er refused, but the RetiGe by regular mail 06 RGt
<br /> retuMed by the PE)St effiGG withiR teR days after mailing, provided that a RE)t'r--.P- A_f r--mvil
<br /> penalty GitatiGR is posted inGenspiGHE)616place GR the premises affeGte.d. 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 da o ation
<br /> emains uncorrected after receipt of the final notice of ' ' n, correction order,
<br /> Stop der, or the receipt of the Civil y Citation itself in the case of
<br /> emergency en for shall e a separate violation that subjects the
<br /> violator to additiona en
<br /> (D) Settle Claims
<br /> e Planning Director is authorized to determine the amount of paymen be
<br /> accepted in full and final settlement of some or all of the claims the governing body m
<br /> 150 Conforming language to new requirements.
<br /> Orange County, North Carolina-Unified Development Ordinance Page 9-7
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