Wake Forest Unified Development Ordinance - July 2022

Enforcement 16.4 Remedies And Penalties

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2. Pursuant to NC General Statutes, the Planning Director shall have the authority to summarily remove, abate, or remedy a sign or sign structure which the building inspector has determined to be dangerous or prejudicial to the public health or safety. 3. The expense of the action shall be paid by the sign owner or if the sign owner cannot be ascertained, by the property owner, and if not paid, the Town will execute a lien against the real property in accordance with Chapter 160D of the General Statutes. Restoration The Engineering Director may require any person who undertakes a land-disturbing activity and who fails to retain sediment generated by the activity, as required by Section 12.3.3, to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. Safeguards from Undue Economic Hardship 1. When a written claim of undue economic hardship is made owing to the effects of this article, the Planning Director shall notify the Hardship Review Committee (HRC) which shall be made up of the Finance Director, the Assistant Planning Director and the Inspections Director or their designees. The Planning Director shall schedule an administrative hearing on the claim within 15 business days of receipt of the written request. 2. The petitioner submitting the written claim shall present the information required by the HRC to determine if an undue economic hardship owing to the effects of a “ Demolition by Neglect ” finding has o ccurred. If any of the required information is not reasonably available, the petitioner shall describe the reasons why such information cannot be obtained. The minimum necessary evidence shall include, but is not limited to: a. Nature of ownership (individual, business, or non-profit) or legal possession, custody, and control. b. Financial resources of the owner and/or parties in interest. c. Estimated cost of repairs. d. Assessed value of the land and improvements (existing). e. Real estate taxes for the previous 2 years. f. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or by inheritance. g. Annual debt service, if any, for the previous 2 years. h. Any listing of the property for sale or for rent, the price asked, and offers received, if any. 3. In addition, for all income-producing properties, the petitioner must also provide the following: a. Annual gross income from the property for the previous 2 years. b. Itemized operating and maintenance expenses for the previous 2 years, including proof that adequate and competent management procedures were followed. c. Annual cash flow, if any, for the previous 2 years.

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

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