42-380. Interrelation of County Permits

  1. Suspension of any County Permit. The suspension of any county permit shall act to suspend, during the period of such suspension, all county permits granted to the disqualified party prior to such suspension
  2. Revocation of any County Permit. The revocation of any county permit shall act to revoke all county permits granted to the disqualified party prior to such revocation. For revocation of development approval, must follow the same process as was used for the approval per G.S. 106D-403(f).
  3. Disqualification for County Permits During Period of Suspension of County Permit. Any disqualified party, and all related parties regarding such disqualified party, may not be granted any county permit during the period of suspension.
  4. Disqualification for County Permits During and After Revocation of County Permit. Any disqualified party, and all related parties regarding such disqualified party, may not be granted any county permit for a period of two (2) years following such revocation.
  5. Grounds for revocation or suspension of County Permit. Any county permit may be revoked, modified, or suspended, in whole or in part, during its term for cause, including, but not limited to, the following:
    1. The violation of any condition of the permit; or
    2. That the permit was obtained by misrepresenting or failing to disclose fully all relevant facts.
  6. Notification of Revocation or Suspension. Disqualified parties shall be notified by the Zoning Administrator or the department issuing the permit that their permit is in danger of being suspended or revoked. This notice shall be sent to the disqualified party’s last known address by registered or certified mail, or by personal service. This notice must include that:
    1. An informal hearing shall be held before the department issuing the permit or the Zoning Administrator within ten (10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
    2. Following that hearing, the issuing party may suspend, revoke, or leave in place the permit(s).
  7. Informal Hearing. Within ten (10) days of providing written notice to the disqualified party, the issuing party shall hold an informal hearing regarding the matter. In the absence of an issuing party, the Zoning Administrator shall be permitted to revoke or suspend any and all county permit following an informal hearing with the disqualified party. The issuing party must provide the disqualified party with a written order after the hearing including the following information:
    1. Whether the permit(s) in question have been suspended or revoked;
    2. If the permit(s) have been suspended, the duration of the suspension;
    3. The grounds for the suspension or revocation; and
    4. Any possible remedies the disqualified party may take to have the permits reinstated.
  8. Reinstatement of Suspended Permits. Suspended permits may be reinstated after the assigned period of time or once the disqualified party has taken the necessary remedial action. To reinstate the permit(s), the disqualified party must re-apply to the issuing party or the Zoning Administrator. At this time, the disqualified party must present evidence to the issuing party that the condition causing the suspension has been rectified.
  9. New Applications for Revoked Permits. Revoked permits cannot be reinstated. Disqualified parties must submit new applications for revoked permits.
  10. Enforcement Remedies. Disqualified parties who continue to act under revoked or suspended permits will be guilty of a misdemeanor and shall be punished at the discretion of a court of competent jurisdiction. Subject to the discretion of the issuing party, a stop-work order, injunctive relief, and civil damages may also be instituted by Henderson County.
  11. Right to Appeal. Any disqualified party, and all related parties may appeal the disqualification of county permits to the Zoning Board of Adjustment (ZBA) in a quasi-judicial hearing. Notices of these appeals must be received by the Zoning Administrator in writing within 15 days of mailing of the notice of permit suspension or revocation. Appeals from the decision of the ZBA shall be taken to the court of appropriate jurisdiction as provided by law. Appeals from the decision of the ZBA must be filed within 30 days from the date when the ZBA issued its final decision.