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Agenda - 06-26-2003-8M
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Agenda - 06-26-2003-8M
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Last modified
8/29/2008 3:01:22 PM
Creation date
8/29/2008 10:48:48 AM
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BOCC
Date
6/26/2003
Document Type
Agenda
Agenda Item
8M
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Minutes - 20030626
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
ORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 12 <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 />Class 3 misdemeanor and shall be fined not more than a maximum of five <br />hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for <br />each violation, as provided in NCGS Section 14-4. The Zoning Officer may refer <br />a violation to the Cea~ty District Attorney for institution of criminal prosecution of <br />the alleged violator. <br />e) Judicial Action to Collect Civil Penalty: <br />A civil action in the nature of a debt may be filed in any court of competent <br />jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. <br />f) Stop Work Order: <br />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 <br />violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, <br />may institute any appropriate action or proceedings to prevent the unlawful <br />erection, construction, reconstruction, alteration, repair, conversion, moving, <br />maintenance or use, to restrain, correct or abate the violation, to prevent <br />occupancy of the building, structure or lands, or to prevent any illegal act, <br />conduct, business or use in or about the premises. <br />Notice of a Stop Work Order shall be in writing, directed to the person(s) <br />conducting the violating activity and/or the property owner, and shall state the <br />reasons for the issuance of the Order, and the conditions under which activity <br />may be resumed. Notice shall be given by registered or certified mail. Upon <br />issuance of such Order, and posting of same on the site of the violation, all work <br />on the site of the violation shall cease, except those activities necessary to bring <br />the site into compliance with this Ordinance. <br />G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 <br />
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