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