Procedures.

Winston-Salem Code of Ordinances § 75-502

in effect

Sec. 75-502. - Procedures. (a) Initiation/complaint. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the stormwater director, who shall record the complaint. The complaint shall be investigated promptly by the stormwater director. (b) Inspection. The stormwater director shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this ordinance. (c) Notice of violation and order to correct. When the stormwater director finds that any building, structure, or land is in violation of this ordinance, the stormwater director shall notify, in writing, the owner and/or other person violating this ordinance. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the amount and basis for the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. The stormwater director may deliver the notice of violation and correction order personally, by the local law enforcement, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure. Refusal to accept the notice shall not relieve the violator of the obligations set forth herein. If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater director may take appropriate action under this ordinance to correct and abate the violation and to ensure compliance with this ordinance. (d) Extension of time. A person who receives a notice of violation and correction order, or the owner, may submit to the stormwater director a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the stormwater director may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60 days. The stormwater director may grant 30-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this ordinance. The stormwater director shall grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order. (e) Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the stormwater director, the stormwater director shall determine if the violation is corrected. If the violation is not corrected, the stormwater director may act to impose one or more of the remedies and penalties authorized by this ordinance. (f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare, then the stormwater director may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater director may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article. (Ord. No. 4618, § 1, 5-19-08)

Source: City of Winston-Salem, North Carolina, Code of Ordinances, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/nc/winston-salem/codes/code_of_ordinances?nodeId=PTIIICOOR_CH75STMA_ARTIVPOCOST_DIV5ENVI_S75-502PRFetched: 11/1/2026