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Article 10: Enforcement

Section 10.3. Enforcement Responsibility and Procedures

10.3.2. Complaints Regarding Violations

June 23, 2017

Morrisville, NC

Page 10-2

Unified Development Ordinance

The Planning Director shall be responsible for all enforcement of the zoning and subdivision

provisions in the text of this Ordinance, zoning district boundaries, a n d compliance with

conditions of approval.

The Town Engineer shall be responsible for enforcement of the riparian buffers, stormwater

management, and engineering provisions in the text of this Ordinance a n d compliance with

conditions of approval.

B.

The Planning Director and Town Engineer may delegate enforcement authority to other Town officials

involved with reviewing or inspecting development, who shall be responsible for assisting them in

enforcing this Ordinance.

C.

The Building Official is responsible for all enforcement of Building Code provisions, including issuance of

Building Permits and Certificates of Compliance/Occupancy for development approved in accordance

with this Ordinance.

D.

All other officers and employees of the Town—especially members of the Police Department and Fire

Department—shall have the duty to assist in enforcing this Ordinance by reporting apparent violations

of this Ordinance to these officials.

10.3.2.

Complaints Regarding Violations

In addition to enforcement by Town officials under Sectio

n 10.3.1, Responsibility for Enforcement,

any person

may submit to the Town officials identified in Section

10.3.1

a complaint alleging a violation of this

Ordinance. On receiving a signed written complaint that fully states the basis for the allegation, including

the apparent cause of the alleged violation, the Planning Director, Town Engineer, or Building Official, as

appropriate, shall properly record such complaint, investigate the alleged violation, and take appropriate

action as provided by this Ordinance.

10.3.3.

Inspections

A.

On presenting proper credentials, the Planning Director, Town Engineer, and Building Official may enter

upon land or inspect any structure to ensure compliance with the provisions of this Ordinance. These

inspections shall be carried out during normal business hours unless the Planning Director, Town Engineer,

or Building Official determines there is an emergency necessitating inspections at another time.

B.

No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of

the Town of Morrisville while that person is inspecting or attempting to inspect land or structures nor shall

any person obstruct, hamper, or interfere with any such representative while in the process of carrying

out their official duties.

10.3.4.

Enforcement Procedure

A.

Notice of Violation and Opportunity for Correction

On finding that a violation of this Ordinance exists, whether from an investigation of a written

complaint or otherwise, the Planning Director or Town Engineer, as appropriate, shall provide

written notice of the violation, by personal service or certified mail, return receipt requested, to the

owner of the property on which the violation exists and the person causing or maintaining the

violation. Such notification shall:

a.

Describe the location and nature of the violation;

b.

State the actions necessary to abate the violation; and

c.

Order that the violation be corrected or an administrative hearing be requested within a

specified reasonable time period not to exceed 30 days after receipt of the Notice of

Violation.