Enforcement 16.4 Remedies And Penalties
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also advise the violator of the right to appeal the citation to the Board of Adjustment in accordance with Section 15.12, Appeals of Administrative Decisions. 3. If the violator fails to either pay the civil penalty, or as reduced from administrative hearing, or has failed to appeal the citation deadline listed in the citation in accordance with Section 15.12, Appeals of Administrative Decisions, the Town may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty. 4. If a Civil Penalty is issued to a first-time offender, the offender may make a written request to the Planning Director, Engineering Director, or Building Official, as appropriate, for a reduction in the citation amount. Such request must be made within ten days of the citation being issued. If a reduction in the citation amount is granted, the offender shall pay the reduced civil penalty within three business days of such reduction approval. If the reduced civil penalty is not paid within this timeframe, the original civil penalty amount shall be enforced.
16.4.3. Tree Replacement and Delay in Approvals
In addition to 16.4.2, Citations and Civil Penalties, any person, firm, or corporation who violates the provisions of Section 8.2.2, Exemptions, shall be subject to the following:
3 Year Delay in Approvals
5 Year Delay in Approvals
Replacement of Vegetation from Protected Areas
Type of Violation
Exempt Property per Section 8.2.2 Non-Exempt Property per Section 8.2.2
Any existing vegetation removed from protected areas Less than 75% of existing vegetation removed from protected areas 75% or more of existing vegetation removed from protected areas
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16.4.4. Unauthorized Demolition of Historic Property Violations
In addition to 16.4.2, Citations and Civil Penalties, any person, firm, or corporation who demolishes a structure subject to this Ordinance or in violation of the Certificate of Appropriateness shall be prohibited from submitting redevelopment plans for the property for 48 months from the date of the Notice of Violation and Corrective Order issuance. The length of the delay may be shortened at the discretion of the Planning Director, following an administrative hearing, depending on the specific circumstances of the site, structure, and violation.
16.4.5. Criminal Penalties
Violations of this Ordinance, where permissible under North Carolina law, may be enforced as a Class 3 misdemeanor and shall be subject to a fine of $500.00. No further work or activity shall take place in violation of a stop work order pending a ruling on the appeal. Violation of a stop work order, and other pertinent provisions of Chapter 160D of the North Carolina General Statures where allowed and specified, shall constitute a Class 1 Misdemeanor.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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