(4) Continuous Violation . If a violation is not abated in accordance with the provisions of this Article, civil penalties shall accrue starting the day after the notification of violation has been issued. After the time to abate the violation has expired penalties shall accrue through and until the violation has been corrected. A person(s) receiving a Notice of Violation & Correction Order shall pay all accrued civil penalties to the Town of Fuquay-Varina within 30 days of receipt of such notice. If the person(s) fails to pay the accrued civil penalties within 30 days of receipt of the notice, then the civil penalties, including all further accruing penalties for a continuing violation, shall be collectible for the Town through a civil action in the nature of a debt. Each day that any violation continues shall constitute a separate violation for the purposes of assessing civil penalties. A Notice of Violation & Correction Order need only be given once for a continuing violation.
e. Other Relief & Remedies
In addition to the penalties and remedies outlined in this Article, the Town of Fuquay- Varina may institute any other appropriate action or proceedings in a court of competent jurisdiction to prevent, correct or be a violation of the Land Development Ordinance in the following manner: (1) Injunction Action . The Land Development Ordinance may also be enforced by an appropriate equitable remedy issued from a court of competent jurisdiction. In any event, where a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of the Land Development Ordinance the appropriate agencies of the Town or any adjacent or nearby property owner who would be affected or impacted by such violation, in addition to other remedies, may take action to abate the violation. This action may be in the form of an injunction action, mandamus action, or other appropriate proceeding to prevent the completion or occupation of such building, structure, or land and/or to stop any development or other activity that violates the Land Development Ordinance. (2) Orders & Judgments . Upon determining that an alleged violation is occurring or is threatened, the Court may enter such orders and/or judgments as are necessary to abate or prevent the violation and require restoration to any lien disturbed or altered in violation thereof. T he Court may order the violator to pay the Town’s court costs, litigation costs and reasonable attorney’s fees incurred in the prosecution of any civil or criminal proceeding.
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