§ 74-28. Enforcement and penalties.

(a)

Enforcement authority. This chapter shall be enforceable in accordance with provisions available in G.S. 160A-175 as specified in section 1-12 of this Code and all penalties, civil and criminal, provided in said section 1-12 shall apply. In addition to the penalties for violation of the Town Code set out in section 1-12:

(1)

A person or entity that fails or refuses to stop work on any structure immediately upon issuance of a stop order; or a person who occupies a structure overnight without issuance of a certificate of occupancy shall be liable to the town for a civil penalty in the amount not to exceed $2,000.00.

(2)

A person or entity that violates section 74-64 or removes a regulated tree without a permit issued in accordance with section 74-84, or in violation of a permit issued in accordance with section 74-84, shall be liable to the town for a civil penalty in the amount not to exceed $5,000.00. The unauthorized removal of each regulated tree, shall be deemed a separate violation. In the event that the tree has been removed such that the diameter of the tree at DBH or 3.5 feet above natural grade, as applicable, cannot be determined, a violation shall have occurred if the tree equals or exceeds 3.5 inches in diameter at the stump for oceanfront lots or four inches at diameter at the stump on non-oceanfront lots.

(3)

A person or entity that violates a major or minor landscape permit issued in accordance with section 74-85 of this Code of Ordinances, or a person or entity who performs work for which such a permit is required without a permit shall be liable to the town for a civil penalty in the amount not to exceed $10,000.00.

(4)

In addition to or as an alternative to any penalty provided herein or by law, a person or entity that violates the provisions of sections 74-87 or 74-88 is subject to a civil penalty. The civil penalty shall be not less than $100.00 or more than $1,000.00.

(5)

Any development/redevelopment activity that is commenced without prior approval of a stormwater management plan or waiver or is conducted contrary to an approved stormwater management plan as required by this chapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.

(6)

The town may summarily remove, without notice, any sign located in a public right-of-way if it does not conform in every respect with the provisions of 74-222(6) or if it would otherwise be subject to 74-28(a)(7). The owner of the removed sign may reclaim the sign at the Town Hall upon the payment of $25.00 to cover the cost of its removal. Signs will be held for 30 days at Town Hall prior to destruction.

(7)

If the building inspector or community appearance commission shall find that any sign regulated by this chapter is unsafe or unsecure, is in disrepair or detrimental to the community, is a menace to the public, or has been constructed or is being maintained in violation of the provisions of this chapter, the building inspector shall give written notice to the permittee or owner thereof, or the person maintaining the sign. If such person fails to comply with the requirements of this chapter within 15 days after such notice, the sign may be removed by the town at the expense of the permittee or owner of the property upon which it is located. The building inspector shall revoke a permit of any permittee or owner who refuses to pay costs so assessed. The town may, without notice, summarily remove or move any sign which creates an immediate peril to persons, property, or vehicular movement.

(b)

Enforcement procedure where permit issued.

(1)

Whenever the building inspector determines that a person or entity to whom a permit has been issued has violated, or permitted a violation, of the terms of the permit, this chapter, or the North Carolina Building Code, such permit may be suspended by order of the building inspector, and all work, other than that required to remedy the violation, shall cease on the project until the violation has been corrected to the satisfaction of the building inspector, at which time and upon receipt of written notice from the inspector that the error has been remedied, work may resume. It shall be specifically understood that failure to build in accordance with approved plans and/or specifications; or failure to comply in all respects with state and municipal building codes and ordinances shall be a violation of the terms of any applicable permit. Notice of violation shall specifically state the nature of the violation or violations claimed. Should construction be completed prior to any appropriate and required corrective action, no certificate of occupancy shall be issued by the town until such time as all required corrections have been performed. Any violator may be required to restore land to its undisturbed condition. If that restoration is not undertaken within a reasonable time after notice, the town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(2)

Any person or entity that has been declared a violator under the provisions of this section who within a period of five years thereafter applies for a permit under this section or who is contracted or hired to perform work for the holder or applicant of such a permit, shall post a compliance bond, in the amount of $5,000.00 with the town before any work shall commence within the scope of the permit.

(3)

Whenever the building inspector has probable cause to believe that a person or entity who has posted a bond under the provisions of this section has violated the terms of the permit against which the bond was posted, he shall notify the permit holder of the nature of the violation and order the work stopped pending his decision as to whether a violation has occurred. The permit holder shall immediately cease work under the permit and shall have five days to respond to such notice. Upon expiration of the five days within which response is to be made, the building inspector shall decide whether a violation has occurred and shall notify the permit holder of his decision. If there has been no violation, the work affected may be resumed. If there has been a violation, the building inspector shall declare the permit holder and any builder, contractor, subcontractor and any other person, trade or business that has violated the terms of the permit to be in violation of this section and shall revoke the permit issued under this section. No work shall be resumed under the revoked permit by any person or entity. If any application for a new permit is made to complete the work on the affected premises, the building inspector shall determine the corrections to be made and any other requirements as he shall deem necessary as terms of the new permit to insure compliance with the provisions of this section and any permit issued thereunder.

(4)

Upon the determination of a violation under provisions of subsection (b)(3) of this section, the building inspector shall transmit to the board of adjustment all papers constituting the record upon which his action was taken. If no appeal is taken to the board of adjustment under the provisions of section 74-25 or if any appeal so taken is decided adversely to the appellant, the record shall be transmitted to the board of commissioners. As a civil penalty under G.S. 160A-175(c), the board of commissioners shall, if the debt is not paid within 30 days of the action of the board, set such debt off against the compliance bond posted as provided in this section. If the debt exceeds the amount of bond, the board of commissioners shall ascertain the amount of the penalty to be assessed, and shall consider the gravity of the violation, the value of the immediate and permanent damage to the ecology, and the administrative and legal costs incurred by the town, including attorney's fees. The board of commissioners shall, within one year of its initial determination, review the penalty assessed to confirm its initial assessment or to increase or decrease the same according to the evidence developed during that period as such evidence relates to the permanent damage to the ecology. Upon payment by the violator, the bond posted shall be returned or, if payment is made from or by set off against the bond, the balance of the bond remaining shall be returned.

(5)

During the one-year review period provided in subsection (b)(4) of this section, the violator shall have its privilege of performing or practicing its trade or business in the town suspended. Any and all permits issued pursuant to this section shall likewise be suspended for the same period. The suspension shall remain in effect until all penalties assessed shall have been paid. In the event the board of commissioners takes no further action within the one-year period, then the initial determination shall be deemed confirmed and the suspension shall be terminated provided all penalties assessed have been satisfied and there have been no further violations of this section by the violator.

(Code 2001, § 21-4; Ord. No. 1989-9, 3-14-1989; Ord. No. 2002-14, 12-10-2002; Ord. No. 2010-22, § VIII, 11-9-2010; Ord. No. 2015-12 , 10-14-2015; Ord. No. 2015-13 , Art. 2.D, 10-14-2015; Ord. No. 2016-03, 4-13-2016; Ord. No. 2016-07, Art. II.n., 6-8-2016; Ord. No. 2016-16, Art. I, b., 12-7-2016; Ord. No. 2017, 12-13-2017)