ENFORCEMENT AND VIOLATIONS

Winston-Salem Code of Ordinances ch. 75, art. IV, div. 5

in effect

Winston-Salem Code of Ordinances § 75-501 General.

Sec. 75-501. - General. (a) Authority to enforce. The provisions of this ordinance shall be enforced by the stormwater director or any authorized agent of the city. (b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance. (c) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense. (d) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain all or any portion of a stormwater management system in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include the owner as well as any architect, engineer, builder, contractor, developer, agency, or any other person who has control over, the responsibility for, or the use of the property on which the violation occurs and who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists. (e) Civil penalties and costs collected pursuant to this ordinance shall be credited to the city's stormwater enterprise fund. (Ord. No. 4618, § 1, 5-19-08)

Winston-Salem Code of Ordinances § 75-502 Procedures.

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)

Winston-Salem Code of Ordinances § 75-503 Remedies and penalties.

Sec. 75-503. - Remedies and penalties. The remedies and penalties provided for violations of this ordinance shall be cumulative, in addition to any other remedy provided by law, and may be exercised in any order. (a) Remedies. (1) Withhold a certificate of occupancy. The building inspector may refuse to issue a certificate of compliance for the building or other improvements constructed on the development or redevelopment and served by a stormwater management system until the owner has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. (2) Disapprove subsequent permits and development approvals. As long as a violation of this ordinance continues and remains uncorrected, the stormwater director, the planning board, the engineering division, or the inspections division may deny any request for permit or development or redevelopment approval or authorization provided for by this ordinance. (3) Injunction, abatements, etc. Pursuant to G.S. 160A-175, the stormwater director may seek an injunction or an order of abatement to correct a violation of this ordinance and recover the costs associated with this remedy. (4) Correction as public health nuisance, costs as lien, etc. Pursuant to G.S. 160A-193, the stormwater director may summarily abate or remedy and a violation of this ordinance and recover the costs associated with this remedy. (5) Stop work order. Pursuant to G.S. 160A-421, the stormwater director may issue a stop work order to the person(s) violating this ordinance. (b) Civil penalties. Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater director. Civil penalties for violation of the provisions of this ordinance may total up to $1,000.00 per day, with each day consisting of a separate and distinct violation. The amount of the civil penalty will be based on aggravating and mitigating circumstances, as set out in subsection (c) below. Civil penalties may be assessed up to the full amount of any penalty to which the city is subject for violations of its phase II stormwater permit. (c) Aggravating and mitigating circumstances. (1) The civil penalty assessed by the stormwater director shall be based on the following aggravating circumstances: a. The degree and extent of harm to the quality of surface or ground waters; b. The degree and extent of harm to public health and property; c. Cost to public to rectify damage; d. Amount of money saved by noncompliance; e. Whether the violation was committed willfully or intentionally; f. Prior record of the violator in complying or failing to comply with regulatory programs; g. Cost to the city of the enforcement procedures; and h. If the violation occurs in a water supply watershed the overall penalty will increase 25 percent. (2) The civil penalty assessed by the stormwater director shall be reduced by the following mitigating circumstances: a. Where the violator took immediate action to abate or to resolve the violation, the penalty assessed above shall be reduced by ten percent; b. Where the violator worked to the maximum extent possible to abate or to resolve the violation, the penalty assessed above shall be reduced by ten percent; c. Where the violator constructed or implemented a stormwater management system to abate or to resolve the violation, the penalty assessed above shall be reduced by ten percent; and d. Where the violator cooperated with appropriate regulatory agencies, including but not limited to the stormwater director, the penalty assessed above shall be reduced by ten percent. (3) The stormwater director shall maintain a schedule of penalties based on the aggravating and mitigating factors set out above, which schedule may be amended from time to time as authorized by the city manager and which shall be made available as part of the administrative manual complied by the stormwater director pursuant to subsection 75-202(d)(3) above or to anyone upon demand. (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_DIV5ENVIFetched: 11/1/2026