ARTICLE XII. ENFORCEMENT, VIOLATIONS, AND APPEALS

The Zoning Administrator, Communication Facilities Administrator, Floodplain Administrator, Manufactured Home Park Administrator, Water Quality Administrator, Planning Director, and Subdivision Administrator are hereby authorized to enforce the provisions of this Chapter. These approving officials may enter any building, structure or premises as provided by law, to perform any duty imposed upon them by this Chapter. In exercising this power, approving officials are authorized to enter any premises within jurisdiction of Henderson County at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials; provided, however, that the appropriate consent has been given for inspection of areas no open to the public or that an appropriate inspection warrant has been secured.

Notices concerning violations of the provisions of this Chapter shall be provided to the person(s) alleged to be in violation in accordance with Chapter I, General Provisions, Article II, Penalties and Enforcement of the Henderson County Code.

1. Notification. Upon making a determination that a person is in violation of this Chapter, the County shall issue a compliance order to the person in violation of this Chapter which shall notify the violator of the violation in writing.  The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity.  The notice of violation may be posted on the property.  The person providing the notice of violation shall certify that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.  Such compliance order (notification of violation) shall:
   1. Identify the circumstances giving rise to the violation, including the times, dates and places of the violation;
   2. Identify the action(s) necessary to comply with this Chapter;
   3. State that the violator shall comply within a reasonable time, not to exceed 15 days, or be subjected to a civil penalty (except where circumstances exist such that the violator cannot come into compliance within 15 days, and at which time the County may grant an extension of time commensurate with the magnitude of the violation);
   4. State that failure to comply with the terms of the compliance order will subject the violator to a civil penalty; and
   5. State the amount of applicable civil penalty.
2. Failure to Comply. Failure to comply with the terms of a compliance order within the time stated in the order shall subject the violator to a civil penalty of 50 dollars. Each day that the violation continues shall be considered a separate offense and the violator may be subject to an additional civil penalty for each such separate offense.
3. Penalties and Remedies. Penalties and remedies for persons found to be in violation of this Chapter shall be as set forth in Chapter I, General Provisions, Article II, Penalties and Enforcement of the Henderson County Code (Civil penalties for those in violation of stormwater management regulations may be assessed up to the full amount of penalty to which Henderson County is subject for violations of its Phase II Stormwater permit, or if no Phase II Stormwater permit exists for the jurisdiction, civil penalties may be assessed up to the full amount allowed by law). Such penalties and remedies shall include:
   1. Civil Action. When necessary to collect any civil penalty or accrued civil penalties, a civil action may be instituted against an individual for the collection of all accrued penalties.
   2. Equitable Remedies. This Chapter may be enforced by equitable remedies, and any unlawful condition existing in violation of this Chapter may be enforced by injunction and order of abatement in accordance with NCGS §160D-1212.
   3. Injunction. Where necessary to effect compliance with this Chapter, the County may institute an action in a court of competent jurisdiction seeking an injunction against the further violation of this Chapter. Such action may be joined with a civil action instituted to collect accrued civil penalties in accordance with the provisions above.
   4. Order of Abatement. Where necessary to abate a condition existing upon land in violation of this Chapter or a use made of land in violation of this Chapter, the County may institute an action in a court of competent jurisdiction seeking an order of abatement of the use or condition of land in violation of this Chapter. Such action may be joined to an action for an injunction and/or an action to recover civil penalties accrued against an individual for the use or condition of land in violation of this Chapter.
   5. Stop-Work Order. If any building or structure is erected, constructed, repaired, converted, or maintained or any building, structure or land is used in violation of the Henderson County Code, the Zoning Administrator or any other appropriate authority may institute a stop-work order if further action by the violator would cause irreparable harm or damage. Once a stop-work order has been issued, no work may be done on the structure or property until authorized by Henderson County Code Enforcement Services or a court of appropriate jurisdiction.
   6. Other Equitable Remedies. This Chapter may be enforced by any other equitable remedy which a court of competent jurisdiction deems just and proper.

1. Violations to be Corrected. When the Floodplain Administrator finds violations of applicable State and local laws, it shall be his or her duty to notify the owner of occupant of the structure of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.
2. Actions in the Event of Failure to Take Corrective Action. If the owner of a structure or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner’s last known address or by personal service, stating that:
   1. The structure or property is in violation of the floodplain management regulations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention);
   2. An informal hearing will be held before the Floodplain Administrator at a designated place and time, not later than 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,
   3. Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as applicable.
3. Order to Take Corrective Action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of Subpart A, he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
4. Appeal. Any owner who has received an order to take corrective action may appeal the order to the Henderson County Flood Damage Prevention Board by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be final. The Henderson County Flood Damage Prevention Board shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
5. Failure to Comply with Order. If the owner of a structure or property fails to comply with an order to take corrective action from which no appeal has been made, or fails to comply with an order of the Flood Damage Prevention Board following an appeal, the owner shall be guilty of a misdemeanor and shall be punished at the discretion a court of competent jurisdiction.

Questions arising in connection with the enforcement of this Chapter shall be presented first to the approving official or agency and shall be presented to the appellate agency only on appeal from the approving official or agency (See Table 12.1). Appeals must be filed or mailed 30 days from the date of the decision with the approving official or agency. Where the appellate agency is the Zoning Board of Adjustment (ZBA), the ZBA shall hold a public hearing on the appeal in accordance with §42-371 (Quasi-Judicial Process Standards). 

1. In appeals of a decision to be heard by the ZBA, the current holder of the office at the time of the appeal whose decision is appealed hall attend the appeal hearing to act as a witness if called by either side.  The ZBA is authorized to take steps, including issuance of subpoena, to compel the attendance of the office holder.
2. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed unless the official who made the decision certifies to the ZBA after notice of appeal has been filed that, because of the facts state in an affidavit, a stay would cause imminent peril to life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the development regulation.

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.

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the County, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by County. References to days are calendar days unless otherwise stated.