removed; that the use of land be brought into compliance; that fixtures, furniture or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to abate and correct a violation to bring such violation into compliance with the Land Development Ordinance. The cost and expense thereof shall be paid by the owner, lessee, occupant or agent responsible for the violation. Whenever the person(s) is cited for contempt by the court and the Town of Fuquay- Varina executed the order of abatement, the Town of Fuquay-Varina shall have the authority to place a lien, in the nature of a mechanics and materialmans lien on the property containing the violation for the cost of executing the order of abatement. Any person violating the Land Development Ordinance shall also be subject to the full range of equitable remedies provided in North Carolina General Statutes §160A & 160D.
d. Penalties
The following penalties may be imposed on a person(s) who are in violation of the Land Development Ordinance:
(1) Civil Penalty . An individual violation of the Land Development Ordinance shall subject the person(s) to a civil penalty in an amount not more than $500 but greater than $50 for each day the violation continues. The amount of the civil penalty shall be established annua lly through the Town’s Fee Schedule. The penalty shall be recovered by the Town of Fuquay-Varina in a civil action in the nature of debt if the person(s) does not pay the penalty within the prescribed period of time after he, she or they have been cited for such violation. (2) Criminal Penalty . In addition to, or in lieu of such civil penalties or other remedies, any violation of the Land Development Ordinance may constitute a misdemeanor, pursuant to North Carolina General Statutes §160A-175, 160D-404, and North Carolina General Statutes §14-4 is punishable as a Class 3 misdemeanor and shall be fined an amount not more than $500 but greater than $50. The Court may also impose an appropriate sentence according to structured sentencing laws that take into account any prior convictions that may increase criminal penalties. (3) Stop Work Order . In addition to the civil and criminal penalties as identified herein, the Inspections Department, Planning Department and/or Director of Engineering shall have the authority to issue a “stop work order” for any construction, reconstruction, demolition, grading, stormwater, alteration, or repair to a building, structure, sign, land, or landscaping in violation of the Land Development Ordinance.
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