Unified Development Ordinance

Sec. 1.1.10. Penalties and Remedies

Sec. 1.1.10. Penalties and Remedies aaron.sheppard… Mon, 05/22/2023 - 10:01

Enforcement may be by any one or more of the following methods and the institution of any action under any of these methods shall not relieve any party from any other civil or criminal proceeding prescribed for violations and prohibitions.

  1. Equitable Remedy The City may apply for any appropriate equitable remedy to enforce the provisions of this UDO.
  2. Injunction Enforcement may also be achieved by injunction. When a violation occurs, the City may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in thecase of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.
  3. Order of Abatement The City may apply for and the court may enter an order of abatement. 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; 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. Whenever the party is cited for contempt by the court and the City executed the order of abatement, the City shall have a lien, in the nature of a mechanic's and materialman's, on the property for the cost of executing the order of abatement.
  4. Criminal Violations of this UDO shall constitute a misdemeanor or infraction as provided by N.C. Gen. Stat. §14-4 and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized.