Morrisville Unified Development Ordinance - April 2019

Article 10: Enforcement Section 10.3. Enforcement Responsibility and Procedures 10.3.4. Enforcement Procedure

The final Notice of Violation (which may also be the initial Notice of Violation) shall state what course of action is intended if the violation is not corrected or an administrative hearing is not requested within the specified time limit. If the final Notice of Violation identifies the assessment of a civil penalty as a potential intended course of action, the Notice of Violation shall also serve as a warning citation. The final Notice of Violation shall also advise the violators of their rights to appeal the Notice of Violation to the Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal. On receiving a written request for extension of the time limit for correction specified in the Notice of Violation, the Planning Director or Town Engineer, as appropriate, may grant a single extension of the time limit for up to 90 days for good cause shown. If the owner of the property cannot be located or determined, the Planning Director or Town Engineer, as appropriate shall post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted. B. Administrative Hearing If the violator requests an administrative hearing within the deadline set forth in the Notice of Violation, the Planning Director or Town Engineer, as appropriate shall schedule a hearing not less than seven days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director or Town Engineer, as appropriate shall make a final determination of whether a violation exists and, if finding that a violation does exist, shall order the violator to undertake actions necessary to abate the violation within a set time limit. The Planning Director or Town Engineer, as appropriate shall also advise the violator of the right to appeal the final determination of violation to the Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal. C. Application of Remedies and Penalties On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation (or any granted extension thereof) or set at a subsequent administrative hearing, or has failed to appeal the Notice of Violation or final determination of violation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Planning Director or Town Engineer, as appropriate shall take appropriate action, as provided in Section 10.4, Remedies and Penalties, to correct the violation and to ensure compliance with this Ordinance. D. Emergency Enforcement without Notice On determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Planning Director or Town Engineer, as appropriate may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 10.4, Remedies and Penalties. E. Repeat Violations If the same violation, except for repeat violations subject to Section10.4.2.A, Violations of Riparian Buffer Regulations, is repeated by the same offender over any two-year period, the Town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved. F. Authority to Require Statements The Town shall have the authority to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities constituting a potential violation of this Ordinance.

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 10-3