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Article 9: Enforcem jnr
<br /> Section 9.6: Penalties, Remedies, and Enforcement Powers
<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 /> (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.
<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 perSOR, fiRn OF GOrporatien who vielates the provisiens of this QrdinanGe or fails to
<br /> Gernply with aRY Of its requirements shall, upen GeRViGtien, be guilty ef a Gla
<br /> mosderneaner and shall be fiRed net mere than a maximurn ef$500.00, imprisonment e
<br /> up to 30 days er both fer eachy elatienas previded in NIGGS Sen+ien 14_1
<br /> criminal n nUMien of the alleged velater 2
<br /> 9-.69.6.5 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 /> z Recent changes in State law,specifically Session Law 2021-138,decriminalizes certain ordinances including land
<br /> use regulations. As a result,a violation of County land use regulations is no longer considered to be a criminal
<br /> offence. Accordingly,staff is required to modify our existing regulations to address the changes in State law.
<br /> Orange County, North Carolina—Unified Development Ordinance Page 9-6
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