§ 46-14. Enforcement and penalties for violation.

(a)

After the effective date of the ordinance from which this chapter is derived, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the office of the county register of deeds or of the Mecklenburg County Register of Deeds, shall be guilty of a misdemeanor. Violators of this chapter shall be subject, upon conviction, to a fine of not more than $50.00, or imprisonment of not more than 30 days, as provided by G.S. 14-4.

(b)

The violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $50.00 per day for each day a violation exists, which may be recovered by the town in a civil action in the nature of a debt if the offender does not pay the penalty within ten days after he has been cited for violation of this chapter.

(c)

Any provision of this chapter may also be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.

(d)

Any provision of this chapter that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of such provision occurs, the town may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished, or removed, that fixtures, furniture or other movable property be removed from buildings on the property, that improvements or repairs be made, or that any other action be taken that is necessary to bring the property into compliance with this chapter. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing the order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the appropriate clerk of superior court in an amount approved by the judge before whom the matter is heard, and it shall be conditioned on the defendant's full compliance with terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.

(e)

The provisions of this chapter may be enforced by any one, all or a combination of the remedies authorized and prescribed by this section.

(f)

Except as otherwise specifically provided, each day's continuing violation of any provision of this chapter shall be a separate and distinct offense.

(g)

The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this section.

(h)

The zoning administrator shall not issue zoning permits for property in violation of this chapter.

(Ord. No. 04-09-13, § 204, 9-13-2004)