ARTICLE XI.

STANDARDS ENFORCEMENT

Summary:  This Article serves to set forth provisions regarding the procedures for enforcing the land development standards set forth elsewhere in this chapter.  This Article additionally sets forth the penalties for noncompliance with these standards and other mechanisms for achieving compliance.

TABLE OF CONTENTS

SECTION

154.630                                               Duties Regarding Enforcement

154.631                                               Notice of Violation; Procedures

154.632                                               Penalties for Violations

154.633                                               Injunctive Relief and Other Remedies

154.634-154.659                                 Reserved                     

154.630      DUTIES REGARDING ENFORCEMENT.

(A)       General.

?      Unless specifically set forth otherwise in this chapter, the Planning Department of the Town of Waynesville is hereby authorized to enforce the provisions of this chapter. 

?      The planning staff may enter any building, structure or premises as provided by law, to perform any duty imposed upon them by this chapter.

154.631      NOTICE OF VIOLATION; PROCEDURES.

(A)       Notice of Violation; Opportunity to Cure.

?      Whenever any town official charged with the duty of enforcing regulations in this chapter has reasonable cause to believe that a person is violating any of the provisions of this chapter or any plan, order, or condition issued pursuant to this chapter, that official shall immediately notify that person of the violation.

?      Such notice of violation shall be in writing and shall be served by personal delivery or certified or registered mail, return receipt requested.

?      If the violator cannot be ascertained, then the notice of violation shall be sent to the record owner of the land on which the violation occurs. 

?      The notice of violation shall include an opportunity to cure the violation within a prescribed period of time.

?      Upon receipt of a written request from the alleged violator or the property owner for an extension of time to cure or correct the violation, the town official charged with the duty of enforcing the regulations being violated may grant a single extension of time, not to exceed a period of thirty (30) days, in which the alleged violator may cure or correct the violation before the town pursues penalties or other relief.

(B)       Summary Removal of Signs..

?      Pursuant to NCGS. 160A-193, the planning department shall have the authority to summarily remove, abate, or remedy a sign or sign structure which the building inspector has determined to be dangerous or prejudicial to the public health or safety. 

?      The expense of the action shall be paid by the sign owner or if the sign owner cannot be ascertained, by the property owner, and if not paid, there shall be a lien placed upon the land or premises where the nuisance arose, and it shall be collected as unpaid taxes.

?      The planning department shall have the authority to remove summarily any signs or sign structures prohibited under Sec. 154.308.

154.632      PENALTIES FOR VIOLATIONS. 

(A)       Liabilities for Violations.

?      Pursuant to NCGS ? 160A-175, any person who erects, constructs, reconstructs, alters, repairs, converts, or maintains any building, structure, sign or sign structure or develops, grades or otherwise alters property in violation of this chapter, and any person who uses any building, structure, sign or sign structure or land in violation of this chapter shall be subject to civil and/or criminal penalties in accordance with this article.

(B)       Civil Penalties.

            (1)        General.

?      Violations of this chapter, except violations of Secs. 154.088 and 154.401, shall subject the offender to a civil penalty in the amount of $100.00 per day for each day the violation continues, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for the violation.

(2)        Sedimentation and Erosion Control.

?      Any person who violates any of the provisions of Sec. 154.088 or Sec. 154.401  of this chapter and/or who initiates land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions and provisions of an approved plan, shall be subject to a civil penalty of not more than $500.00 except as otherwise set forth below.

?      Each day of a continuing violation shall constitute a separate violation.

?      The amount of penalty shall be determined by the board of aldermen. In determining the amount of the penalty, the board shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully and the prior record of the violator in compliance or failing to comply with sedimentation and erosion control standards.

?      Any person who fails to submit an erosion control plan for approval in accordance with Sec. 154.088 and Sec. 154.401 of this chapter shall be subject to a single, noncontinuing civil penalty of not more than $1,000.00. 

?      Anyone who violates a stop work order regarding sedimentation and erosion control shall be subject to a civil penalty of not more than $5,000.00.

?      Any civil penalty assessed against a person who violates any of the provisions of Sec. 154.088 or Sec. 154.401 of this chapter shall be recovered by the town in a civil action in the nature of debt, to be brought in Haywood County Superior Court, if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for the violation.

(C)       Criminal Penalties.

?      Any person violating any provision of this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined as determined by the court for each offense. 

?      Each day such violation continues shall constitute a separate offense.

154.633      INJUNCTIVE RELIEF AND OTHER REMEDIES.

(A)       Injunctive or Other Relief.

?      In addition to, or in lieu of, the other remedies set forth in this article, the planning staff or other  town officials charged with the duty of enforcing the regulations of this chapter, in the event of a violation of this chapter, may request that the town attorney institute in a court of competent jurisdiction, an injunctive action, mandamus action , or other appropriate proceeding to prevent the completion or occupation of such building or structure, or use of land.

?      Upon determining that an alleged violation is occurring or is threatened, a court hearing an appeal for relief, shall enter such orders and/or judgments as are necessary to abate or prevent the violation. 

?      The institution of an action for injunctive or other relief under this section shall not relieve any party to such proceeding form any civil or criminal penalty prescribed by this article for violations of this chapter.

(B)       Revocation of Permits.

?      In the event of a violation of any regulation of this chapter, the planning department, or any other town official charged with the duty of enforcing the regulations of this chapter, may stop any development of, use of or activity on property by the revocation of applicable permits.

154.634-154.659  RESERVED.