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 Shelby
 Code of Ordinances
 Appendix A. UNIFIED DEVELOPMENT ORDINANCE
 Article V. ENFORCEMENT

  § 5-5. Civil penalties—Assessment and procedures.  

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  • 5-5.1.

    Penalties. Any person who violates any provisions of this ordinance shall be subject to assessment of the maximum civil penalty allowed by law.

    5-5.2.

    Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation in accordance with subsection 5-3.1. If after receiving a notice of violation under subsection 5-3.1, the owner or other violator fails to take corrective action, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the manner of a notice of violation. The citation shall state the nature of the violation, the civil penalty to be imposed upon the violator and shall direct the violator to pay the civil penalty within 15 days of the date of the notice.

    5-5.3.

    Responsible parties. The owner or occupant of any land, building, structure, sign, or use of land or part thereof and any architect, builder, contractor, agent or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of the requirements of this ordinance may be held responsible for the violation and subject to the civil penalties and remedies herein provided.

    5-5.4.

    Continuing violation. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.

    5-5.5.

    Demand for payment. The UDO administrator shall make written demand for payment upon the property owner or the person in violation, and shall set forth in detail a description of the violation for which the civil penalty has been imposed.

    5-5.6.

    Nonpayment. If payment is not received or equitable settlement reached within 30 days; after demand for payment is made, the matter shall be referred to legal counsel for institution of a civil action in the appropriate division of the general courts of justice for recovery of the civil penalty. Provided however, if the civil penalty is not paid within the time prescribed, the UDO administrator may have a criminal summons or warrant issued against the violator. Upon conviction, the violator shall be subject to any criminal penalty the court may impose pursuant to G.S. 14-4.

(Ord. No. 1-2006, § 18, 1-9-2006; Ord. No. 6-2008, § 1, 2-18-2008)