§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.