Land Development Ordinance - Amended 4-2-2024

Article R VIOLATIONS, PENALTIES & LEGAL PROVISIONS

§9-1850 PURPOSE

The purpose of this Article is to establish procedures by which the Town of Fuquay-Varina seeks compliance with the Land Development Ordinance. This Article sets forth the remedies and penalties that apply to violations of the Land Development Ordinance.

§9-1851 AUTHORITY

The provisions of the Land Development Ordinance (LDO) shall be administered and enforced by authorized Town staff and/or the Town Board of Commissioners based on the responsibilities and duties through their authority to abate any violations, enjoin, restrain, and prosecute any person violating the Land Development Ordinance pursuant to North Carolina law. This Article does not provide for authority of enforcement regarding violations, penalties or other legal provisions of any other provisions of the Town Code of Ordinances.

§9-1852 UNLAWFUL TO VIOLATE THE LAND DEVELOPMENT ORDINANCE

It shall be unlawful for any person to develop, reconstruct or use any land, building or structure within the Town’s corporate limits or the extraterritorial jurisdiction (ETJ) in violation of the Land Development Ordinance. Any failure to comply with the standards, requirements, prohibitions, or limitations imposed by the Land Development Ordinance, or the terms or conditions of any permit or other development approval or authorization granted pursuant to the Land Development Ordinance shall constitute a violation of the Land Development Ordinance.

§9-1853 ENFORCEMENT AGAINST A VIOLATION

The enforcement and procedures as set forth in this Article shall be in addition to any other remedies that may not now or hereafter exist under law for the abatement of a violation. This Article shall not prevent the Town of Fuquay-Varina from proceeding with a criminal proceeding against any person(s) violating the provisions of the Land Development Ordinance as provided in North Carolina General Statutes §14-4.

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