<div class="chunk-title">Section 10.3 - Procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice of Violation.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               When the Planning Director or Permitting and Code Enforcement Director receives a
               written, signed complaint alleging a violation of this Ordinance, the Planning Director
               or Permitting and Code Enforcement Director shall investigate the complaint.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               When staff determines work or activity has been undertaken in violation of the Ordinance
               or other local development regulation or any State law delegated to the local government
               for enforcement purposes in lieu of the State or in violation of the terms of the
               development approval, a written notice of violation may be issued. The notice of violation
               shall be delivered to the holder of the development approval and to the landowner
               of the property involved, if the landowner is not the holder of the development approval,
               by personal delivery, electronic delivery, or first class mail and may be provided
               by similar means to the occupant of the property or the person undertaking the work
               or activity. The notice of violation may be posted on the property. The person providing
               the notice of violation shall certify to the local government that the notice was
               provided and the certificate shall be deemed conclusive in the absence of fraud. Except
               as provided in G.S. 160D-1123, 160D-1206, or otherwise provided by law, a notice of
               violation may be appealed to the board of adjustment pursuant to G.S. 160D-405.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeal.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Pursuant to G.S. 160D-405, anyone who has received a notice of violation may appeal
               in writing the decision of the Planning Director or Permitting and Code Enforcement
               Director to appropriate decision making body within 30 days following the date of
               the notice of violation per Table 3.1: Development Review Procedures. In the absence
               of an appeal, the decision of the Planning Director or Permitting and Code Enforcement
               Director shall be final.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Remedies Cumulative.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The remedies and enforcement powers established in this Ordinance are cumulative.
               All remedies and penalties are in addition to all other provisions, and not in lieu
               or exclusive thereof.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The violation of any section or provision of this Ordinance shall not constitute a
               criminal violation, unless otherwise indicated, but shall be enforceable through civil
               procedures.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The County shall issue civil citations and penalties for any violation of this Ordinance.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Equitable Relief. The County may apply to any court of competent jurisdiction for
               an appropriate equitable remedy. It shall not be a defense to the County's application
               for equitable relief that there is an adequate remedy at law.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               Combination of Remedies. The County may choose to enforce this section by any one,
               all, or a combination of civil remedies or equitable relief.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               For each day the violation is not corrected, the violator will be guilty of an additional
               and separate offense and subject to additional civil penalty.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               In accordance with G.S. 160D-403(f), G.S. 160D-404 the Planning Director or Permitting
               and Code Enforcement Director is authorized to deny, withhold or revoke permits or
               inspections permissions on any new or existing projects or applications pursuant to
               this Ordinance or other regulations of the County where the applicant, applicant business
               or agent has failed or refused to comply with this Ordinance.
               </p>
            		
            <p class="incr1">
               (viii)
               </p>
            		
            <p class="content2">
               The Planning Director or Code Enforcement Director is authorized to deny, withhold,
               or revoke County issued permits and inspections permissions on any new or existing
               project or applications where the applicant or applicant business or agent is not
               in compliance with federal or state issued permits as determined by the permitting
               agencies.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Forfeiture and Confiscation of Signs.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Any sign installed or placed on public property, except with the regulations of this
               Ordinance, will be subject to forfeiture to the public and confiscation. In addition
               to other remedies and penalties of this section, the County has the right to recover
               from the sign owner, or person who has placed the sign, the full costs of sign removal
               and disposal.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Stop Work Order.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               When the violation is in relation to the construction and/or modification of a structure,
               a stop work order may be issued in accordance with G.S. 160D-404(b). Individuals may
               appeal stop work orders with the Planning Director or Permitting and Code Enforcement
               Director within 15 business days of receiving the order.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               When the violation is in relation to erosion and sedimentation control, a stop work
               order may be issued in accordance the following process:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Per G.S. 160D-1113, the erosion control officer may issue a stop work order if he
               finds that a land disturbing activity is being conducted in violation of this article
               or of any rule adopted or order issued pursuant to this article, that the violation
               is knowing and willful, and that either:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Off-site sedimentation has eliminated or severely degraded a use in a lake or natural
               watercourse or that such degradation is imminent.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Off-site sedimentation has caused severe damage to adjacent land or that such damage
               is imminent.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               The land disturbing activity is being conducted without an approved plan.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The stop work order shall be in writing and shall state what work is be stopped and
               what measures are required to abate the violation. The order shall include a statement
               of the findings made by the erosion control officer pursuant to subsection (a) of
               this section, and shall list the conditions under which work that has been stopped
               by the order may be resumed. The delivery of equipment and materials which does not
               contribute to the violation may continue while the stop work order is in effect. A
               copy of this section shall be attached to the order.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The stop work order shall be served by the county sheriff or by some other person
               duly authorized by law to serve process as provided by G.S. 1A-1, Rule 4, and shall
               be served on the person who is in operational control of the land disturbing activity;
               the erosion control officer shall forward a copy of the order to the person financially
               responsible. The sheriff or other person duly authorized by law to serve process shall
               post a copy of the stop work order in a conspicuous place at the site of the land
               disturbing activity. The erosion control officer shall also deliver a copy of the
               stop work order to any person that the erosion control officer has reason to believe
               may be responsible for the violation.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The directives of a stop work order become effective upon service of the order. Thereafter,
               any person notified of the stop work order who violates any of the directives set
               out in the order may be assessed a civil penalty as provided in section 10.4.2. A
               stop work order issued pursuant to this section may be issued for a period not to
               exceed three working days.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               The Permit and Code Enforcement Director or his agent shall monitor compliance with
               the stop work order. The Permit and Code Enforcement Director or his agent shall rescind
               the stop work order if all the violations for which the stop work order is issued
               are corrected, no other violations have occurred, and all measures necessary to abate
               the violations have been taken. The Permit and Code Enforcement Director or his agent
               shall rescind a stop work order that is issued in error.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               The issuance of a stop work order shall be a final agency decision subject to judicial
               review in the same manner as an appeal of a penalty in accordance with section 10.4.2.
               The petition for judicial review shall be filed in the superior court of the county.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               As used in this section, days are computed as provided in G.S. 1A-1, Rule 6. Except
               as otherwise provided, the board of county commissioners may delegate any power or
               duty under this section to the Permit and Code Enforcement Director or to any person
               who has supervisory authority over the erosion control officer. The erosion control
               officer may delegate any power or duty so delegated only to a person who is designated
               as acting erosion control officer.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Schedule for Civil Penalties.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Unless otherwise provided in the Ordinance, the penalty fee schedule for civil penalties
               shall be set forth in the fee schedule established by the Board of Commissioners and
               available through the office of the County Manager.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p></div>