Morrisville UDO - June 2017 version

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Article 10: Enforcement
Section 10.3. Enforcement Responsibility and Procedures
10.3.4. Enforcement Procedure
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 10-3
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
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
Sectio
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 the Planning Director or Town Engineer, as
appropriate shall take appropriate action, as provided in 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
E. Repeat Violations
If the same violation, except for repeat violations subject to Sectio
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.