The Town department specifically designated by the Land Development Ordinance is authorized to determine the existence of a violation(s), and to immediately send a Notice of Violation & Correction Order to any person(s) found to be in violation of the Land Development Ordinance. The person(s) shall cease violating the provisions of the Land Development Ordinance in accordance with the following: (1) Delivery. The Notice of Violation & Correction Order shall be in writing and shall be served by certified or registered mail, return receipt requested, by a Town or Wake County law enforcement officer, if necessary, or by any means authorized for the service of documents by N.C. Gen. Stat. §160D-404(a). The notice shall include a description of the violation, shall identify the provision or provisions of the Land Development Ordinance which are in violation, shall specify what actions shall be taken to correct the violation, and an order to cease the violation and/or a stop work order. If the person(s) in violation cannot be ascertained, then the Notice of Violation & Correction Order shall be sent to the record owner of the land on which the violation has occurred. Electronic mail shall be an acceptable form of delivery, so long as hand delivery is made of the same notice, at the same time. (2) Time to Correct . Within 15 days of receiving the Notice of Violation & Correction Order the person(s) shall cease and abate the violation. If the violation is determined to be life-threatening or a life safety issue to the public the person(s) shall cease and abate the violation immediately or depending on the severity of the safety issue, within 5 days of receiving the Notice of Violation & Correction Order. (3) Failure to Abate . If after receiving the Notice of Violation & Correction Order and the person(s) fails to comply within the designated time to cease and abate the violation, the person(s) in violation shall receive a 72 hour Notice of Citation that civil penalties shall be assessed, which may also include criminal penalties. The Notice of Citation shall include the time that the penalties will begin, the time of their accrual, and the time within which they shall be paid the Town in accordance with this Article, or be subject to collection as a debt and/or special assessment. Continuation of a violation beyond the date set for abatement shall constitute a separate violation for each day the violation is allowed to exist. (4) Recovery of Penalties . If payment for a violation has not been made after the designated time for a Notice of Citation, and accrued assessments has expired, the matter shall be referred to the Town Attorney for civil action in the name of the Town, in a court of competent jurisdiction, for recovery of the penalties or for initiation of a criminal proceeding together with the collection of court costs, special assessment lien and reasonable attorney’s fees incurred by the Town.
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