Enforcement 16.3 Enforcement Responsibility And Procedures
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Application of Remedies and Penalties On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation and Correction Order (or any granted extension thereof), has failed to request an administrative hearing, or has failed to appeal the Notice of Violation and Correction Order in accordance with Section 15.12, Appeals of Administrative Decisions, the Planning Director, Engineering Director, or Building Official, as appropriate, shall take appropriate action, as provided in Section 16.4, Remedies and Penalties, to correct the violation and to ensure compliance with this Ordinance. Emergency Enforcement Without Notice If it is determined that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the Planning Director, Engineering Director, and/or Building Official, as appropriate, may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 16.4, Remedies and Penalties. Repeat Violations If the same violation is repeated by the same offender over any two-year period, the Town may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved. Authority to Require Statements The Town shall have the authority to require written statements, or the filing of reports under oath, with respect to pertinent questions related to land-disturbing activities constituting a potential violation of this Ordinance.
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16.3.5. Demolition by Neglect Enforcement Procedure A. Determination by Neglect
Once the possibility of neglect comes to the attention of the Planning Director, the Planning Director will investigate. If the Planning Director determines that a “ Demolition by N eglect” violation has occurred notice will be given to the Historic Preservation Commission (HPC). Determination of Neglect The HPC shall call an administrative public hearing. Written notice of such administrative public hearing shall be mailed by first class mail to the owner, not less than 10 days prior to the date of the hearing. If the HPC determines at the administrative public hearing that a state of “ Demolition by Neglect ” exists then it will issue a finding of such condition and either issue a Certificate of Appropriateness (COA) for minor repairs, if appropriate, and/or order that an application for a COA be submitted for repairs requiring a separate evidentiary hearing before the HPC. Any required time limit for repairs will automatically be adjusted, as needed, to allow the normal COA process. Notice of Violation and Corrective Order When the Historic Preservation Commission finds that a state of “ Demolition by Neglect ” exists, a Notice of Violation and Corrective Order shall be issued in accordance with standard Town procedures in 16.3.5.A. If an order to apply for a COA has been issued by the HPC, the Notice of Violation and Corrective Order will include a
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Town of Wake Forest Unified Development Ordinance – July 19, 2022
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