§ 58-543.4. Remedies and penalties.

General. The remedies and penalties provided for violations of this division, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(1)

Remedies.

a.

The zoning administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

b.

As long as a violation of this division continues and remains uncorrected, the zoning administrator or other authorized agent may withhold, and the town planning board may disapprove, any request for permit or development approval or authorization provided for by this division or the zoning ordinance for the land on which the violation occurs.

c.

The zoning administrator, with the written authorization of the town council, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this division. Any person violating this division shall be subject to the full range of equitable remedies provided in the North Carolina General Statutes or at common law.

d.

If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S. 160A-193, the zoning administrator, with the written authorization of the town council may cause the violation to be corrected and the costs to be assessed as a lien against the property.

e.

The zoning administrator may issue a stop work order to the person(s) violating this division. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.

(2)

Civil penalties. Violation of this division may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the zoning administrator. Civil penalties may be assessed up to the full amount allowed by law.

(3)

Criminal penalties. Violation of this division may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law.

(Ord. No. O-2014-14, 11-10-2014)