Orange County NC Website
ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 1s <br />The County may apply to a General Court of Justice in accordance with the <br />provisions of G.S. 153A-123 (e) and G.S. 153A-334 to bring an action for <br />injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the <br />Court shall, upon appropriate findings, issue an injunction and order requiring the <br />offending party to comply with this Section. <br />c) Criminal Penalties: <br />Any person who, being the owner or the agent of the owner of any land located <br />within the jurisdiction of this Ordinance, subdivides land in violation of this <br />Ordinance, or transfers, or sells land by reference to, exhibition of, or any other <br />use of a plat showing a subdivision of the land before the plat has been properly <br />approved under this Ordinance, and recorded in the Office of the Register of <br />Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by <br />fine and/or imprisonment. <br />The description by metes and bounds in the instrument of transfer, or other <br />document used in the process of selling or transferring land, does not exempt the <br />transaction from penalties. <br />d) 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 VII-E-4 below. <br />e) 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, fhe Planning Director, in addition <br />to other remedies, may institute any appropriate action or proceedings to prevent <br />the unlawful erection, construction, reconstruction, alteration, repair, conversion, <br />moving, 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 />The person(s) conducting the violating activity and/or the property owner may <br />appeal the Stop Work Order to the Board of County Commissioners pursuant to <br />Articles 111-C-5, 111-D-1-h, and lII-D-5 of this Ordinance. <br />VII-E-4 Civil Penalty <br />VII-E-4.1 General <br />Any person who proceeds to develop land as authorized by an approved preliminary plat <br />and who fails to carry out such development according to the provisions of the plat, and <br />G:\Current Planninca/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 <br />