Enforcement 16.3 Enforcement Responsibility And Procedures
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16.3.4. General Enforcement Procedure A.
Notice of Violation and Correction Order 1.
On finding that a violation of this Ordinance exists, the Town shall provide written notice of the violation and correction order. Such notice of the violation and correction order shall be served to the holder of the development approval and to the landowner of the property (if different) on which the violation exists and the person causing or maintaining the violation in any manner permitted by NC General Statute, including: a. Personal delivery, b. Electronic delivery, c. First-class mail, or d. Posted on the property. The person providing the notice of the violation and correction order shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud. 2. The notice of the violation and correction order shall: a. Describe the location and nature of the violation; b. State the actions necessary to abate the violation; c. Order that the violation be corrected within a specified reasonable time period not to exceed 30 days after receipt of the notice of the violation and correction order and with the limit for correction of the violation beginning five days after the notice if posted on the property; and d. State a notice of the violation and correction order may be appealed to the Board of Adjustment except as provided by except as provided by G.S. 160D-1403.1 or otherwise provided by law. The owner or other party has 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to G.S. 160D-403(b) by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service. 3. The final Notice of Violation and Correction Order, which may also be the initial notice of the violation and correction order, shall state what course of action is intended if the violation is not corrected. If the final notice of the violation and correction order identifies the assessment of a civil penalty as a potential intended course of action, the notice of the violation and correction order shall also serve as a warning citation. The final notice of the violation and correction order shall also advise the violators of their rights to appeal the Notice of Violation and Correction Order to the Board of Adjustment in accordance with the above criteria. B. Extension of Time Limit to Correct Violation On receiving a written request for extension of the time limit for correction specified in the Notice of the Violation and Correction Order, the Planning Director, Engineering Director, and/or Building Official, as appropriate, may grant a single extension of time limit for up to 90 days for good cause shown. The notice of extension shall state the date prior to which correction must be made or the violator will be subject to the penalties described in the Notice of the Violation and Correction Order.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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