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
10.3.1a 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.