Agenda - 02-24-2003-c2a - Laserfiche WebLink

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~~ ~ O Public Hearing Ordinance 12 VII-E-2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Planning Director shall determine whether the violation has been corrected. If the violation has been corrected, the Planning Director shall take no further action against the alleged violator. If the violation has not been corrected, the Planning Director may act to impose one or more of the remedies and penalties specified in the notice of violation, or correction order. VII-E-3 Remedies: Penalties: Enforcement Action VII-E-3.1 General The Planning Director may pursue one (1) or more of the following remedies and penalties described below or in Article VII-E-4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. Such statutes include, but are not limited to, G.S. Chapter 14, Section 4 and G.S. Chapter 153A, Sections 123, 324, and 334 et. seq. Use of one (1) of the authorized remedies and penalties does not preclude the Planning Director from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Planning Director may also condition a permit, certificate, or authorization on the correction of the violation and/or payment of a civil penalty, and/or posting of a compliance security. b) Injunctive and Abatement Relief in Superior Court: The County may apply to a General Court of Justice in accordance with the provisions of G.S. 153A-123 (e) and G.S. 153A-334 to bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Regulations of the County. c) Criminal Penalties: Any person who, being the owner or the agent of the owner of any land located within the jurisdiction of this Ordinance, subdivides land in violation of this Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance, and recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by fine and/or imprisonment. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. G:\Current Planning Div\Tking\ZO&SR Enforcement Amendments\Public Hearing Ordinance