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Article 10: Enforcement

Section 10.4. Remedies and Penalties

10.4.1. Remedies

June 23, 2017

Morrisville, NC

Page 10-4

Unified Development Ordinance

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.

D.

Removal of Illegal Signs from Town-Maintained Streets

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:

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