Morrisville Unified Development Ordinance - April 2019

Article 10: Enforcement Section 10.4. Remedies and Penalties 10.4.1. Remedies

SECTION 10.4. REMEDIES AND PENALTIES

The Town may use any combination of the following remedies and penalties to enforce compliance with this Ordinance.

10.4.1. Remedies

A. Issuance of Stop Work Order Whenever any development subject to this Ordinance, including a building or structure that is being constructed, demolished, renovated, altered, or repaired, is in violation of any applicable provision of this Ordinance, the Planning Director, Town Engineer, or Building Official may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work. B. Revocation of Permit or Approval The Planning Director or Town Engineer, as appropriate, may revoke any development permit or approval granted under this Ordinance, by written notice to the permit or approval holder, when false statements or misrepresentations were made in securing the permit or approval, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Ordinance, or a permit or approval has been mistakenly granted in violation of this Ordinance. C. Denial or Withholding of Related Permits The Town may deny or withhold a Certificate of Compliance/Occupancy in accordance with the Building Code—or deny or withhold any permit, approval, or other authorization under this Ordinance to use or develop any land, structure, or improvements—until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid. Any person, firm, or corporation who violates any Special Event provisions authorized in Article 6: Temporary Use/Structure Table, or Section 4.4.5.B.7, Special Event, shall be prohibited from obtaining a Special Event Permit within 14 months of the date a Notice of Violation is issued. The Town may remove any sign placed within the right-of-way of a Town-maintained street in violation of the standards in this Ordinance. E. Injunction When a violation occurs, the Town may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question. F. Order of Abatement In addition to an injunction, the Town may apply for and the court may enter into an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions: D. Removal of Illegal Signs from Town-Maintained Streets

a. That buildings or other structures on the property be closed, demolished, or removed;

b. That fixtures, furniture, or other moveable property be moved or removed entirely;

c. That improvements, alterations, modifications, or repairs be made;

d. That removed trees be replaced; or

April 23, 2019

Morrisville, NC

Page 10-4

Unified Development Ordinance