Land Development Ordinance - Amended 6-3-2024

C. Review by Superior Court . Every decision of the Housing Appeals Board shall be subject to review by the Superior Court by proceedings in the nature of certiorari instituted within 15 days of the decision of the Housing Appeals Board, but not otherwise.

p. Temporary Injunction Remedy for Aggrieved Person

Any person aggrieved by an order issued by the Inspection Director or Code Enforcement Officer or a decision rendered by the Housing Appeals Board shall have the remedies provided in North Carolina General Statutes §160D-1208.

q. Violations & Penalties

(1) Violations . It shall be unlawful for the owner(s) of any nonresidential building or structure to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspections Director or Code Enforcement Officer duly made and served in accordance with the provisions of this Article, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any nonresidential building or structure, with respect to which an order has been issued pursuant to this Article, to occupy or permit the occupancy of the same after the time prescribed in such order for tis repair alteration, improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense. (2) Penalties . In addition to or in lieu of the other remedies provided by this Article, any owner of a nonresidential building or structure that fails to comply with an order of the Inspection Director or Code Enforcement Officer within the time specified therein, shall be subject to a civil penalty in the amount of 50 dollars ($50.00) for the first offense, 100 dollars ($100.00) for the second offense in the same calendar year and 250 dollars ($250.00) for the third and subsequent offenses in the same calendar year. Each subsequent offense after the third will be subject to a civil penalty of $250.00. Each 60 day period or part thereof in which a violation is allowed to persist will constitute a separate and distinct offense.

§9-1054 MINIMUM HOUSING

a. Finding

Pursuant to North Carolina General Statutes §160D-1201, it is hereby found and declared that there exist in the Town of Fuquay-Varina dwellings or structures which are unfit for human

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