Orange County NC Website
Browse       Search
0 2 ~ Public Hearing Ordinance 6 <br />23.3 Remedies• Penalties: Enforcement Action <br />23.3.1 General <br />The Zoning Officer may pursue one (1) or more of the following remedies and penalties <br />described below or in Article 23.4, or otherwise authorized by common law or statute, to <br />prevent, correct, or abate a violation of this Ordinance. Such statutes include, but are not <br />limited to, NCGS Chapter 153A, Sections 123, 324, and 361 et. seq. Use of one (1) of <br />the authorized remedies and penalties does not preclude the Zoning Officer from using <br />any other authorized remedies or penalties, nor does it relieve any party to the imposition <br />of one (1) remedy or penalty from imposition of any other authorized remedies or <br />penalties. <br />a) Permit Revocation: <br />In accord with the provisions of this Ordinance and the provisions of Chapter 6 <br />(Buildings and Building Regulations) of the Orange County, NC Code, the Zoning <br />Officer or Code Enforcement Officer, upon a written determination by the Zoning <br />Officer or Code Enforcement Officer, may revoke any permit, certificate, or other <br />authorization granted under this Ordinance or under Chapter 6 of the Orange <br />County, NC Code for failure to comply with the provisions of this Ordinance or <br />the terms and conditions of a permit or authorization granted under this <br />Ordinance. Any permit, certificate, or authorization mistakenly issued in violation <br />of State law or local ordinance, or issued on the basis of misrepresentations by <br />the applicant, owner, or owner's agent may be revoked without such written <br />determination. <br />b) Permit Denial or Conditioning: <br />As long as a violation of this Ordinance remains uncorrected, the Zoning Officer <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 <br />violation occurs. The Zoning Officer may also condition a permit, certificate, or <br />authorization on the correction of the violation and/or payment of a civil penalty, <br />and/or posting of a compliance security. <br />c) Injunctive and Abatement Relief in Superior Court: <br />A violation may be corrected by any appropriate equitable remedy, a mandatory <br />or prohibitory injunction, or an order of abatement as authorized by NCGS 153A- <br />123. The Zoning Officer shall have the authority to execute an order of <br />abatement if the violator does not comply with such order, and the costs of the <br />execution shall be a lien on the property in the nature of a mechanic's or <br />materialman's lien. <br />d) Criminal Penalties: <br />Any person, firm or corporation who violates the provisions of this Ordinance or <br />fails to comply with any of its requirements shall, upon conviction, be guilty of a <br />misdemeanor and shall be fined not more than a maximum of five hundred <br />dollars ($500.00), imprisonment of up to thirty (30} days, or both, for each <br />violation, as provided in NCGS Section 14-4. The Zoning Officer may refer a <br />violation to the County Attorney for institution of criminal prosecution of the <br />alleged violator. <br />G:\Current Planning DivlTkinglZO&SR Enforcement Amendments\Public Hearing Ordinance <br />