Agenda - 02-24-2003-c1c - Laserfiche WebLink

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Public Hearing Ordinance e} Judicial Action to Collect Civil Penalty: 7 ~~~ A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. f) Stop Work Order: When a violation pertains to construction or alteration of a structure, a Stop Work Order may be issued in accordance with NCGS 153A-361 or the North Carolina State Building Code including any supplemental amendments thereto. All zoning requirements pertaining to the location and siting of structures are considered local building laws for application of NCGS 153A-361. Appeal of an order relating to a local building law shall initially be to the Director of Planning and Inspections or his/her designee who shall conduct a hearing within five (5) working days of the issuance of the order. Further appeal may be made to the Board of Adjustment unless the Stop Work Order was issued after an initial notice of violation or correction order. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and/or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. G:\Current Planning Div\Tking\ZO&SR Enforcement Amendments\Public Hearing Ordinance