Article XII
Enforcement, Violations, and Appeals
§42-376.
Duties Regarding Enforcement
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.
§42-377.
Violations
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. 
A.
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. 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.
B.
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.
C.
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 §153A-123.
(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.
§42-378.
Violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention)
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
§42-379.
Appeals
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 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).
Table 12.1 Approving Agency and Associated Appellate Body
Type of
Agency
Approving Official or Agency for
the Application or Appeal
Appellate Body
Staff 
Communication Facilities
Administrator
Zoning Board of Adjustment
Floodplain Administrator
Flood Damage Prevention Board
Manufactured Home Park
Zoning Board of Adjustment
  
Administrator
Planning Director
Zoning Board of Adjustment
Soil Erosion and Sedimentation
Control Administrator
Zoning Board of Adjustment
Subdivision Administrator
Zoning Board of Adjustment
Water Quality Administrator
Water Quality Board
Zoning Administrator
Zoning Board of Adjustment 
Committee
Technical Review Committee
Zoning Board of Adjustment
Board
Board of Commissioners
Appellate Court
Flood Damage Prevention Board
Appellate Court
Planning Board
Zoning Board of Adjustment
Water Quality Board
Appellate Court
Zoning Board of Adjustment
Appellate Court
§42-380.
Interrelation of County Permits 
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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).
G.
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.
H.
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. 
I.
New Applications for Revoked Permits. Revoked permits cannot be reinstated. Disqualified parties
must submit new applications for revoked permits. 
J.
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.
K.
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.
§42-381.
Computation of Time.
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.
§42-382.
Reserved