§ 10.6. Enforcement Methods and Remedies

The Administrator shall enforce this Ordinance as shall any other persons so designated by the Board of Commissioners to enforce the provisions of this Ordinance. This Ordinance may be enforced by any means or any remedy provided for in G.S. 160A-365 and 160A-175. An action for injunction of any illegal subdivision, transfer, conveyance or sale of land may be prosecuted by the Administrator pursuant to G.S. 160A-375. Moreover, the Administrator and the Board of Commissioners shall have such other remedies as are and, as may be from time to time, provided by North Carolina law for the violation of this Ordinance. Failure to comply with any provision of this Ordinance is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this Ordinance:

A.

Equitable Remedy. The Administrator may apply for any appropriate equitable remedy to enforce the provisions of this Ordinance. It is not a defense to the Administrator's application for equitable relief that there are other remedies provided under the general law or this Ordinance.

B.

Injunction. The provisions of this Ordinance may be enforced by injunction. When a violation of this Ordinance occurs, the Administrator may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

C.

Order of Abatement. In addition to an injunction, the Administrator may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions: That buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture or other movable property be moved; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Ordinance.

D.

Execution of Court Decisions. 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 or she may be cited for contempt. The Administrator may execute the order of abatement and will have a lien on the property in the nature of a mechanic's and material man's lien for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter was heard and will be conditioned on the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.

E.

Misdemeanor. Any person, firm or corporation convicted of a violation of any provision of this Ordinance will be guilty of a misdemeanor. Such a conviction is punishable by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding thirty (30) days. After notice of a violation is given, the violator will have thirty (30) days to correct the violation. After that time, each additional day that the violation continues to exist will be considered a separate violation.

F.

Withhold Permits. The Administrator may withhold all permits, approvals or certificates if there is a violation of this Ordinance or a condition or qualification of approval granted by a permit issuing body that has not been met. The Administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of this Ordinance. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

G.

Revocation of Permit or Plan Approval. Any permit, approval or other form of authorization stipulated under this Ordinance may be revoked for any reason set forth in G.S. 160A-422, including, but not limited to, any permit or approval mistakenly issued in violation of an applicable State or local law. Where a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Administrator may, upon notice to the Applicant and other known parties in interest (including any holders of building permits affected), revoke the plan approval pursuant to G.S. 160A-422.

H.

Stop Work Orders. With or without revoking permits, the Administrator may order that work be stopped on (i) any land or (ii) any structure on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit, approval or other form of authorization issued hereunder, in accordance with the power to stop work pursuant to G.S. 160A-421 and as specified here:

1.

Whenever the Administrator determines that a person is engaged in doing work that constitutes, creates or results in a violation of this Ordinance, the Administrator may order the specific part of the work that constitutes, creates or results in a violation of this Ordinance to be immediately stopped.

2.

A stop work order issued under this Section shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons therefore, and the conditions under which the work may be resumed. A copy of the stop work order shall also be sent concurrently to the owner of the property where the work is taking place and the developer or Applicant, if different from the owner.

3.

Any person aggrieved by the issuance of a stop work order may appeal the issuance of the order to the Mint Hill Board of Adjustment pursuant to Article 9 of this Ordinance. However, an appeal shall not stay the operation of the stop work order except as provided in Subsection (H)(4) of this Section.

4.

The Mint Hill Board of Adjustment shall meet and act upon the appeal within 15 working days after receipt of the appeal notice. If the Board of Adjustment fails to comply with this requirement, the stop work order shall be stayed automatically beginning on the day following the expiration of this fifteen (15) working-day period, and the stay shall remain in effect until the Mint Hill Board of Adjustment meets and acts on the appeal.

5.

Notice of hearing requirements shall not apply to appeals of stop work orders. However, Town Staff shall orally notify the appellant of the date, time and place of the hearing as soon as it has been scheduled and shall send to the appellant a written confirmation of this notice as soon as possible.

6.

Neither the person whom a stop work order is served nor an owner or developer served with a copy under Subsection (H)(2) may thereafter cause, suffer or permit a violation of the order while it remains in effect, except during a period in which the operation of the order is stayed under Subsection (H)(4).

I.

Civil Penalties. If, following the issue of a notice of violation, the Administrator determines that the alleged violation has not been cured or corrected during the stated Warning Period, the Administrator shall have the authority to issue a penalty as outlined herein.

1.

First Offense. Any violation occurring once within a twelve-month period shall be considered a first offense. A notice of violation shall be issued by the Administrator and shall provide for a Warning Period as provided for in Subsection 10.5(C) to correct the violation. Upon the expiration of the Warning Period, the violator shall be subject to a civil penalty in an amount set forth on the then-current officially adopted Town Fee Schedule per day for each day that the violation continues. At any time the Town may seek to recover the penalty together with all costs by filing a civil action to collect a debt. The collection of a penalty pursuant hereto (or filing to collect) shall not foreclose further penalty accrual for continuing violations or additional proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this Section may also be enforced through any other appropriate remedies as prescribed herein.

2.

Repeat Offense. Any violation of reoccurring on the same property more than once within a twelve-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate civil penalty in an amount set forth on the then-current officially adopted Town Fee Schedule. No Warning Period shall be granted since this provision applies only to violations that occur more than once in a twelve-month period and proper notice was given for the initial violation as prescribed under Section 10.5. For each day the repeat violation remains, the violator shall be subject to the civil penalty amount set forth on the then-current officially adopted Town Fee Schedule per day. At any time the Town may seek to recover the penalty together with all costs by filing a civil action to collect a debt. The collection of a penalty pursuant hereto (or filing to collect) shall not foreclose further penalty accrual for continuing violations or additional proceedings for penalties coming due subsequent to the date of the filing of a prior proceeding. The provisions of this Section may also be enforced through any other appropriate remedies as prescribed herein.

(Ord. No. 598, 4-14-2011)