Wake Forest Unified Development Ordinance - July 2022

Enforcement 16.4 Remedies And Penalties


statement to that fact and the time allowed for compliance will be appropriately adjusted.

16.3.6. Stormwater Management Enforcement Procedure A. A property owner that fails to submit an Annual Stormwater Control Measure (SCM) Inspection Report before the end of the year in accordance with Section 12.5.6.C of this Ordinance shall receive a Notice of Violation allowing an additional 30 days to comply. If the SCM Inspection has not been received by 30 days after mailing the Notice of Violation, a second violation will be mailed. B. If a person violates any of the illicit discharge provisions stated in Section 12.5.8.B of this Ordinance, a letter will be mailed to the owner, with a determined number of days to comply with the recommend action items. If the recommend items have not been completed within the set time or if there has been no contact from the owner, a second Notice of Violation will be mailed to the owner.

16.4. Remedies And Penalties

The Town may use any combination of the following remedies and penalties to enforce compliance with this Ordinance.

16.4.1. Remedies A.

Issuance of Stop Work Order Whenever any development subject to this Ordinance, including a building or structure that is being constructed, demolished, renovated, altered, or repaired, is in violation of any applicable provision of this Ordinance, the Planning Director, Engineering Director, or Building Official may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work. B. Revocation of Permit or Approval The Planning Director, Engineering Director, or Building Official, as appropriate, may revoke any permit or approval granted under this Ordinance, by written notice to the permit or approval holder, when false statements or misrepresentations were made in securing the permit or approval, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Ordinance, or a permit or approval has been mistakenly granted in violation of this Ordinance. The development permit cannot be revoked if a public hearing was required to approve the development permit without following the same development review and approval process required for issuance of the development approval. C. Denial or Withholding of Related Permits The Planning Director, Engineering Director, or Building Official, as appropriate, may deny or withhold a Certificate of Compliance or Certificate of Occupancy in accordance with the Building Code or deny or withhold any permit, approval, or other authorization under this Ordinance to use or develop any land, structure, or improvements — until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid. D. Removal of Illegal Signs 1. The Town may remove any sign placed within the right-of-way of a Town or state-maintained street, or non-residential private property in violation of the standards in this Ordinance.

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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