Sec. 8.10.2. Remedies and Penalties

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

  1. Unauthorized Streets Closed
    The Transportation Director is authorized and directed to take necessary action to cause to be closed any street opened and constructed in violation of this Chapter.
  2. Water and Sewer Service Not Provided to Violating Property 
    No water or sewer service shall be furnished by the City to any lot, owner or occupant of any land abutting upon any street or connected to a City public utility which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter.
  3. Construction Permits Withheld
    1. Development Services shall not issue any construction permit for any proposed structure upon any land abutting upon any street which is opened, not opened, laid out or constructed contrary to any plan approved under this UDO or in violation of this Chapter and written policies which are approved by the City Council and filed with the City Clerk
    2. The filing or recording of a deed, a will, a security interest, a plat of a subdivision, other division or land or recombination contrary to this Chapter shall not be recognized by the City. All administrative actions relating to such land, including the issuance of any grading, construction, building or occupancy permit will be suspended. To properly enforce the provisions of this Chapter, prior to the beginning of any construction, grading, reconstruction, use or alteration of any land, building or structure, Development Services shall first determine that the requirements of this Chapter are met.
  4. Assessment of 100% Cost of Incomplete Improvements
    1. In the event the developer either fails to install any improvement required under this UDO or under a plan approved under this UDO or makes an installation contrary to this UDO or plan approved under this UDO, the City may assess 100% of the costs of the incomplete improvements required to some or all of the owners of the property within the subdivision or development and make the required installations.
    2. Assessments must follow the procedures of N.C. Gen. Stat. Chapter 160A, Article 10 or other statutory authorization where the City may do the work and assess the costs to the landowners inside and outside the corporate limits of the City.
    3. When deciding which lots to assess, the City Council shall consider, among other things, the extent to which the lots are benefitted by the assessment project, the extent to which the lots may have paid for the improvement and the extent the improvements were installed by the developer.
  5. Forfeiture of Reimbursements
    Failure by the developer to comply with all requirements of the regulations in this Chapter shall result in forfeiture of any and all reimbursements of Article 8.6. Reimbursements
  6. Civil Penalty
    1. General
      1. Any act constituting a violation of this Chapter shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt.
      2.  All violations shall be subject to a civil penalty in the amount of $50 per day of continuous violation. In addition, the City Manager may authorize a civil penalty of up to $250 per day if it is determined that this larger penalty will contribute toward correction of the violation.
    2. Citation Contents
      1. No civil penalty shall be assessed until the person alleged to be in violation is served by either registered mail, certified mail-return receipt requested, personal service notice or other means reasonably calculated to give actual notice.
      2. The notice shall set forth in detail a description of the violation for which the penalty has been invoked.
      3. The notice shall also set forth the measures needed to come in compliance and shall state the time within such measures must be completed.
      4. The notice shall state that failure to correct the violation within the specified time will result in the assessment of a civil penalty and other enforcement action.
      5. If, after the allotted time period has expired, corrective action has not been completed, the penalty shall be assessed from the date of receipt of notice of violation and each day of continuing violation thereafter shall constitute a separate violation against those persons who have the ability to correct this violation and fail to do so.
    3. Collection
      1. The City Manager is authorized to accept payment in full and final settlement of the claim or claims right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
      2. If the payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City in the appropriate division of the General Court of Justice in Wake County for recovery of the penalty