Enforcement 16.4 Remedies And Penalties
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4. Within 30 business days after the administrative hearing, the Hardship Review Committee shall cause to be made a finding of undue or no undue economic hardship and shall provide a copy of the decision to the Planning Director and the Historic Preservation Commission. In the event of a finding of no undue economic hardship, the Planning Director shall cause to be issued an order for such property to be repaired within the time specified. 5. In the event of a finding of undue economic hardship, the finding may be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, the following: property tax relief as may be allowed under North Carolina law, loans, or grants from the Town, the county, or other public, private, or nonprofit sources, acquisition by purchase, building code modifications, or changes in applicable zoning regulations proving sufficient to mitigate the undue economic hardship. The HRC shall report such finding and the recommended plan to the Planning Director who will then cause to be issued an order for such property to be repaired within the time specified, and according to the provisions of the recommended plan. 6. Findings made by the HRC may be appealed to the Historic Preservation Commission and shall be heard at its next meeting, within the limitations of its procedures for applicable deadlines. Decisions of the Historic Preservation Commission may be appealed to the Board of Adjustment in accordance with NC General Statutes. Injunction The Planning Director or Engineering Director, as appropriate, may apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question. The Planning Director, Engineering Director, or Building Official, as appropriate, may apply for, and the court may enter into an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions: a. Buildings or other structures on the property be closed, demolished, removed; b. Fixtures, furniture, or other moveable property be moved or removed entirely; c. Improvements, alterations, modifications, or repairs be made; d. Trees be replaced; or e. Any other action be taken that is necessary to bring the property into compliance with this Ordinance. 2. If an Order of Abatement is executed, a lien may be placed on the property for the cost of executing the order in accordance with Chapter 160D of the General Statutes. Order of Abatement 1.
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Equitable Remedy
The Town may apply to the appropriate court for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the Town’s application for equitable relief.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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