Morrisville UDO - June 2017 version

Article 10: Enforcement

Section 10.4. Remedies and Penalties

10.4.2. Citations and Civil Penalties

Morrisville, NC

June 23, 2017

Unified Development Ordinance

Page 10-5

That any other action be taken as necessary to bring the property into compliance with this

Ordinance.

The Town may execute the Order of Abatement and will have a lien on the property in the nature

of a mechanic’s and materialman’s lien for the cost of executing the order.

Equitable Remedy

The Town may apply to the appropriate court for any appropriate equitable remedy to enforce the

provisions of this Ordinance. The fact that other remedies are provided under general law or this

Ordinance shall not be used by a violator as a defense to the Town’s application for equitable relief.

10.4.2.

Citations and Civil Penalties

Violations of Riparian Buffer Regulations

Any person, firm, or corporation who violates any provisions in

Article 6: Riparian Buffers,

shall be in

violation of this article and shall be subject to civil penalties as follows:

For first time offenders a civil penalty in the amount of $100.00 per violation shall be assessed.

For repeat offenders, the amount of the penalty shall be double the amount assessed for the

previous penalty, not to exceed $10,000.00 per violation for any continuing violation.

Each day’s continuing violation shall be a separate and distinct offense.

Violations of Stormwater Management Regulations

Any person, firm, or corporation who violates any provision in

Article 7: Stormwater Management,

order made pursuant to Article 7, shall be subject to the civil penalties set forth in

Section 7.5, Enforcement and Violations.

Violations of Special Event Permit Regulations

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 in violation of this article

and shall be subject to Sectio

n 10.4.1.C.2,

as well as civil penalties as follows:

For first time offenders a civil penalty in the amount of $100.00 per violation shall be assessed.

For repeat offenders a civil penalty in the amount of $200.00 per violation shall be assessed

Violation of Tree Protection Standards

Damage or Removal within a Designated Protection Area

Irreparable damage to or removal of existing trees located within a designated tree protection

area or existing trees depicted on a tree protection plan shall be subject to a civil penalty in

the amount of $1,000 per tree with a DBH of less than 24 inches and $5,000 per tree with a

DBH of 24 inches or more.

The civil penalty associated with damage to or removal of existing trees located within a

designated tree protection area or existing trees depicted on a tree protection plan shall not

exceed a maximum of $500,000 for any single occurrence.

Damage or Removal without an Established Protection Area

In cases where irreparable damage to or removal of existing trees takes place on a site that

is subject to the standards i

n Section 5.4, Tree Protection,

but where a tree protection area has

not yet been established or a tree survey is not yet submitted, a civil penalty shall be imposed

in the amount of $5.00 per square foot of tree canopy retention area required but not

provided (due to the removal or damage of existing trees).