<div class="chunk-title">Sec. 62-59. - Enforcement provisions.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The county manager or his designee shall enforce this chapter. He may call upon other
               agencies as necessary to assist in enforcement of this chapter.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               When the planning department receives a complaint alleging a violation of this chapter,
               they shall investigate the complaint, take whatever action is warranted, and inform
               the complainant what actions have been or will be taken.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The owner, tenant, or occupant of any building or land or any part thereof and agent
               or other person who allows the property to be used in a manner that is contrary to
               the requirements of this chapter will be held responsible for the violation and suffer
               the penalties and be subject to the remedies herein provided.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               The following procedure shall apply upon discovery of a violation.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If the planning department finds that any provision of this chapter is being violated,
               they shall send a written notice to the person responsible for such violation, indicating
               the nature of the violation, ordering the action necessary to correct it, and advising
               the violator of the number of days or months within which the violation shall be corrected.
               The violator shall be informed of his right to appeal to the board of adjustment.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Notwithstanding the foregoing, in cases when delay would seriously threaten the effective
               enforcement of this chapter or pose a danger to the public health, safety, or welfare,
               the planning department may seek enforcement without prior written notice by invoking
               any of the penalties or remedies authorized in this section.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Penalties and remedies for violations shall be as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Any violation of the provisions of this chapter or failure to comply with any of its'
               requirements, shall constitute a misdemeanor, punishable by a fine of $50.00 a day
               or imprisonment, not to exceed 30 days, as provided in G.S. 14-4; and/or
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Any violation of the provisions of this chapter or a failure to comply with any of
               its requirements shall subject the offender to a civil penalty of $25.00 per violation.
               If the offender fails to pay this penalty within ten days after being cited for a
               violation, the penalty may be recovered by the county in a civil action in the nature
               of a debt.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               This chapter may also be enforced by any appropriate equitable action. Such remedy
               may include court order of abatement as part of a judgment in the cause. The abatement
               order may include removal of junk from illegal sites and other actions required to
               make the property comply with the provisions of this chapter at the owner's expense.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Each day that any violation continues after final notification by the administrator
               that such violation exists may be considered a separate offense for purposes of the
               penalties and remedies specified in this section.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Any one, all or any combination of the foregoing penalties and remedies may be used
               to enforce this chapter. In addition to the foregoing enforcement provisions, this
               chapter may be enforced by any remedy provided in G.S. 153A-123, including, but not
               limited to, all appropriate equitable remedies provided in G.S. 153A-123(d) and particularly
               the remedy of injunction and order of abatement as allowed in G.S. 153A-123(e).
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Any building permit(s) associated with the property that has the permit may be revoked
               by the permit issuing authority (in accordance with the provisions of this section)
               if the permit recipient fails to develop or maintain the property in accordance with
               the plans submitted, the requirements of this chapter, or any additional requirements
               lawfully imposed by the Halifax County Board of Commissioners.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Before such permit(s) may be revoked, the permit recipient shall be given ten days
               written notice of intent to revoke any relevant permit. The notice shall inform the
               recipient of the alleged reasons for the revocation and of his right to obtain an
               informal hearing on the allegations before the county manager. If any relevant permit
               is revoked, the ordinance administrator shall provide to the permittee a written statement
               of the decision and the reasons thereof.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Relief.</span> Unless otherwise listed, appeals from the specific provisions of this chapter and
               appeals from any ruling of the ordinance administrator shall be submitted to the Halifax
               County Board of Adjustment within ten days of receipt of adverse action or ruling.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Variance.</span> The board of adjustment may authorize upon appeal in specific cases such variance
               from the terms of this chapter as will not be contrary to the public interest where,
               owing to special conditions, a literal enforcement of the provisions of this chapter
               will, in an individual case, result in practical difficulty or extreme hardship, and
               so that the spirit of the ordinance shall be observed, public safety and welfare secured,
               and substantial justice done, such variance may be granted in such individual case
               of extreme hardship upon a finding by the board of adjustment that the following conditions
               exist:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               There are extraordinary and exceptional conditions pertaining to the particular place
               or property in question because of its size, shape or topography that are not applicable
               to other automobile graveyards and junkyards governed by this ordinance.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Granting the variance requested will not confer upon the applicant any special privileges
               that are denied to other operators of other regulated businesses governed by this
               chapter.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A literal interpretation of the provisions of this chapter would deprive the applicant
               of rights commonly enjoyed by other regulated businesses governed by this chapter.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The requested variance will be in harmony with the purpose and intent of this chapter
               and will not be injurious to the neighborhood or to the general welfare.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The special circumstances are not the result of the action of the applicant.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The variance requested is the minimum variance that will make possible the legal use
               of the land in question.
               </p>
            		
            <p class="b0">
               In granting a variance the board of adjustment shall make findings that the requirements
               of this section have been met. The board of adjustment shall make a finding, and written
               notice of the decision shall be prepared and furnished to the applicant. In granting
               any variance, the board of adjustment may prescribe appropriate conditions and safeguards
               in conformity with this chapter. Violations of such conditions and safeguards, when
               made a part of the terms under which the variance is granted, shall be deemed a violation
               of this chapter.
               </p>
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Decision.</span> Decision of the board of adjustment may be appealed. The petition for the writ of
               certiorari must be filed with the Halifax County Clerk of Superior Court within 30
               days after the later of the following occurrences:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A written copy of the board of adjustment's decision has been filed in the office
               of the Halifax County Planning Department; and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A written copy of the board of adjustment's decision has been delivered, by personal
               service or certified mail, return receipt requested, to the applicant or appellant
               and every other aggrieved party who has filed a written request for such copy at the
               hearing of the case.
               </p>
            		
            <p class="b0">
               A copy of the petition writ of certiorari shall be served upon Halifax County through
               the office of the county manager.
               </p>
            <p class="historynote0">
               (Amend. of 10-19-04, eff. 1-1-05, Â§ 9(9.1â€”9.3))
               </p></div>