A neighbor calls the local zoning office to complain: “My neighbor’s causing a ruckus. Y’all need to get out here and shut it down!” Or a property owner got a site plan approved and now they are not building according to the site plan . . . not even close! What’s next?

This blog walks through the legal and practical steps of initiating a zoning enforcement action. With insights from North Carolina statutes and caselaw, this blog covers inspection, building the record, informal and formal notice, opportunity to correct, and moving to enforcement.

Inspection

Before there can be enforcement, there must be inspection. The enforcement office must assess the situation, gather evidence, determine if there is (or may be) a violation, and potentially have an initial conversation with the owner or occupant.

Inspections for zoning and development regulations may occur in conjunction with a permitted development project (an approved commercial site or a residential subdivision, for example) or unrelated to any permit or approval (unpermitted construction or a prohibited land use activity, for example).

For inspections of permitted work, the inspection could occur at multiple steps of the development process: during development and construction (to confirm permitting and sign-off on a work in progress); at the conclusion of construction (to certify compliance and completion); and after construction (related to ongoing compliance). For permitted work, G.S. 160D-403(e) authorizes local administrative staff to inspect work done pursuant to a development approval to ensure that it is done in accordance with state law, local law, and the terms of the approval. Staff may enter the premises during reasonable hours and upon presenting credentials, but the inspector must have consent or an administrative search warrant to inspect areas that are not open to the public. While an application form may request consent to inspect areas of work, an application may not be used to require broad consent to inspections. As stated in G.S. 160D-403, “[a]dministrative staff are prohibited from requiring unrestricted written consent from a permit applicant to enter any premises or areas not open to the public as a condition to accepting an application for, or the issuance of, development approvals.”

Inspections unrelated to a permit may arise in many ways. The enforcement officer may see a violation while they are out in the field, another public official may report a violation, or, commonly, a complaint is filed. For potential violations that relate to unpermitted work or unauthorized activities, the general authority for inspections, G.S. 160D-402(b), applies. The zoning inspector is obligated to perform an investigation when there is a valid complaint of violation (investigation is a ministerial duty). As stated by the North Carolina Court of Appeals in Midgette v. Pate, “[t]hough the zoning administrator may exercise discretion in assessing the alleged violations, this does not lessen the duty to investigate the charges of a plaintiff who has legal right to have the duty enforced.” 94 N.C. App. 498, 503–04, 380 S.E.2d 572, 576 (1989).

Regardless of the type of inspection or statutory authority, the Fourth Amendment protections against unreasonable searches apply. Here are some quick reminders on Fourth Amendment limitations for investigations:

• Context matters. For a residential property, a resident has a reasonable expectation of privacy within the home and in the curtilage (the area immediately around the home). An inspector cannot invade spaces where the occupant has a reasonable expectation of privacy without consent or a warrant. For a commercial property, individuals have a reasonable expectation of privacy in the closed offices and back rooms, but not in the lobby or sales area where the public is generally invited.
• An inspector may make a reasonable approach. Unless it is blocked or clearly marked otherwise, an inspector may walk up the walkway from the sidewalk to the porch of a house. Similarly, an inspector may walk into a business lobby or sales area where the public is generally invited.
• Obtain consent. An inspector should request consent to inspect from an authorized individual (responsible adult in a residential setting or an authorized manager in a commercial setting).
• Plain view matters. Evidence that is in plain view—clearly visible from a place where an inspector is lawfully allowed to be—may be used in an enforcement action. So, if an inspector sees a violation from the public road, as they are making a reasonable approach, or while they are performing an inspection with consent, the inspector may use evidence observed.
• Warrants are available. If there is evidence of a violation but an owner or resident refuses to consent to an inspection, the code official may obtain an administrative search and inspection warrant to perform the search. Note that there are limitations for evidence obtained with a search warrant; evidence unrelated to the reason justifying the warrant may not be used for other enforcement.      

Building the Record (Document, Document, Document!)

When it comes to enforcement, details and documentation matter. As noted by the North Carolina Court of Appeals in a dispute over zoning enforcement, the local government “carries the burden of proving the existence of a violation of a local zoning ordinance.” MR Ent., LLC v. City of Asheville, 295 N.C. App. 136, 143, 905 S.E.2d 246, 251 (2024), review denied, 912 S.E.2d 821 (N.C. 2025), and review dismissed, 912 S.E.2d 823 (N.C. 2025).

So, when approaching an investigation and potential enforcement action, the enforcement officer needs to pay attention to the details and build the record of evidence.  

• What ordinance is being enforced? Zoning, subdivision, minimum housing, stormwater, nuisance, something else?
• For that ordinance, what are the specific details of the language that applies? What section? What standard? Is there any need for interpretation or justification?  
• For this particular scenario, what are the facts on the ground that constitute a violation? Take pictures, take notes, capture screenshots from the website, preserve all documents.    
• What can the owner, occupant, or violator do to correct the violation?

If the officer determines that a violation exists, documentation and communication are essential. Photographs, field notes, internal documents, and communications to the violator should be carefully collected and maintained. This evidence of the violation and the correspondence with the violator will be critical to a successful enforcement action.

Informal Notice

There is no state law requirement for informal notice. It is a matter of local ordinance and policy. Depending on the nature of the violation and the policies of the local government, the initial communication may be a conversation, a phone call, or a courtesy letter seeking compliance. For some violations it may be appropriate to proceed directly to enforcement penalties. But, if informal notice is required by local ordinance or policy, then the local government must adhere to that requirement.

In Durham Green Flea Market v. City of Durham, the ordinance stated “[w]hen a violation is discovered, and is not remedied through informal means, written notice of the violation shall be given.” The flea market argued that this language required informal means, but the court interpreted it as permissive, not mandatory. Moreover the court noted that state law, G.S. 160D-404(a), does not impose a requirement that informal means must be exhausted before an NOV is issued. 296 N.C. App. 594, 597, 910 S.E.2d 365, 368 (2024), review denied, 912 S.E.2d 368 (N.C. 2025).

Formal Notice

The enforcement action formally begins with formal notice. That notice could be a notice of violation, a stop work order, or some other formal written decision. The statutory details for NOVs and stop work orders are discussed below, but there are overarching concepts and requirements for any formal notice.

• Identify the specific property
• Cite and quote the relevant ordinance provision(s)
• Identify the facts that constitute the violation (document with pictures or otherwise)
• Specify the necessary action and deadline of the opportunity to correct, if any (for example: remove the vehicle within __ days; install the landscaping within __ days; cease the activity immediately)
• Identify possible next steps of enforcement if violation is not corrected (civil penalties, court proceedings, etc.)
• Provide contact information for the relevant staff and/or department
• Note the opportunity to appeal (including brief description of process and time limit)
• Deliver the notice to the property owner and, potentially, other relevant actors (tenant, operator, contractor, etc.)

Specificity in the Notice

The details of the ordinance and notice matter. The notice should be clearly tied to an applicable ordinance and clearly demonstrate the existence of the violation. MR Entertainment, LLC v. City of Asheville illustrates the point. In that case the city brought an enforcement action against a local bar for a sign ordinance violation. The initial NOV was for the local bar parking a truck with a sign in the bed in the parking lot (the ordinance, the notice, and the photo evidence was for the parked truck). Two years later the city issued a follow-up NOV for driving the truck around town. The city argued this was a continuing violation and sought injunctive relief and $57,400 in civil penalties. Looking at the language of the ordinance and the initial NOV, however, the court ruled that the ordinance and notice applied only to the parked truck, not to driving around town (plus there was no evidence of the truck driving around town anyway). As such, the court limited the violation to when the truck was parked in the bar parking lot. The evidence indicated that the bar corrected that violation within the given time so no further enforcement was allowed. 295 N.C. App. at 136, 905 S.E.2d at 247.

While specificity is important, in some cases a general reference to the permit or site plan may be sufficient. In Durham Green Flea Market v. City of Durham, the city issued an NOV for “[f]ailure to comply with an approved site plan (D130045).” The owner argued that the NOV failed to provide sufficient notice (that the city was required to list out each element of the violation individually). The Court of Appeals found the city’s NOV was sufficient for due process and the local ordinance requirement. The NOV stated that the violation was failure to comply with a specific approved site plan, included images with location references, and stated that correction would require removal of “all alterations inconsistent with the approved site plan[.]” 296 N.C. App. at 594, 910 S.E.2d at 365.

Notice of Violation

A notice of violation (NOV) may be issued when it is determined that work or activity is in violation of a local development regulation, a development approval, or a state law delegated to the local government for enforcement. G.S. 160D-404(a). The NOV must be delivered to the holder of the development approval and the landowner, if different. It may also be delivered to the occupant or person undertaking the work or activity. Notice must be delivered by personal delivery, electronic delivery, or first-class mail. The NOV may also be posted on the property. The administrator providing the NOV must certify for the file the timing and content of the notice, and that certification must be deemed conclusive in the absence of fraud. Aside from building permits and housing code violations, which have their own appeal processes, NOVs are appealed to the board of adjustment. G.S. 160D-405.

Stop Work Order

A stop work order may be issued for illegal or dangerous work or activity. While stop work orders are commonly used for violations of the State Building Code, they are not limited to such violations. Stop work orders are a general enforcement tool used to stop illegal or dangerous development and activities on land.

Under G.S. 160D-404(b), if any work or activity subject to a local development regulation or a state regulation delegated for local enforcement is undertaken in substantial violation of state or local law, or in a manner that endangers life or property, staff may issue a stop work order for the part of the work or activity creating the violation or hazard. For example, if a business owner undertakes an activity that is not allowed in that zoning district, the local inspector may issue a stop work order. Upon issuance of a stop work order, no further work or activity may take place in violation of the order.

A stop work order must be in writing and directed to the person doing the work or activity. The order must state the work or activity to be stopped, the reasons for the order, and the conditions under which the work or activity may be resumed. The stop work order must be delivered by hand delivery, electronic mail, or first-class mail to the holder of the development approval and the property owner, if different. The administrator issuing the stop work order must certify for the file the timing and content of the order. This certification is deemed conclusive in the absence of fraud.

Generally, appeals of stop work orders go to the board of adjustment, but, as discussed previously, appeals of stop work orders under the building code or housing code follow the appeal provisions for those articles.

Administrative Hearing? Opportunity to be Heard?

Some development regulations require an administrative hearing as part of the enforcement process. An administrative hearing is held by the enforcement officer or another authorized public official and intended as an opportunity for the alleged owner and/or violator to present evidence and make their case that the situation is not a violation. In particular, administrative hearings are mandated for unsafe structure condemnation (G.S. 160D-1121), commercial maintenance codes (G.S. 160D-1129(c)), and minimum housing codes (G.S. 160D-1203(2)).   

There is not a general requirement for an administrative hearing for all development regulations. So, for zoning, subdivision, and other development regulations, there is no need for an administrative hearing unless mandated by local ordinance.

Certainly, as part of the enforcement action the local government official may communicate with the alleged violator to hear counterarguments, explore options, and discuss resolution. If the alleged violator seeks a formal forum to present evidence and make legal arguments, that will be through an appeal to the board of adjustment. In terms of due process, the appeal to the board of adjustment is a sufficient opportunity to be heard. Durham Green Flea Market, 296 N.C. App. at 594, 910 S.E.2d at 365.      

Opportunity to Correct (and Re-Inspection)

While some cases may warrant immediate correction, it is common for the local government to give the property owner a reasonable time to correct the violation. A local ordinance or policy may specify opportunities to correct. The appropriate amount of time will depend upon the nature of the violation. Moving a vehicle could be managed in a matter of hours. Moving a building will take longer. An owner could end an illegal activity right away, but it could take weeks or months to obtain a necessary permit.

Along with the opportunity to correct, commonly there must be re-inspection to confirm if the violation is indeed corrected. Again, MR Entertainment, LLC v. City of Asheville is illustrative. In that case about the truck with a sign, the NOV gave the bar 24 hours to correct the violation. By email the bar indicated that they had moved the truck and corrected the violation. There was no evidence in the record that the code enforcement officer re-inspected. Per the court: “The City’s own failure to re-inspect the site cannot defeat Petitioner’s timely notice of cure.” 295 N.C. App. at 143, 905 S.E.2d at 251 (2024).    

Continuing Violation

For enforcement actions that continue over time, the local government is wise to continue gathering evidence of the continuing violation. As noted before, “[t]he City carries the burden of proving the existence of a violation of a local zoning ordinance.” MR Ent., LLC, 295 N.C. App. at 143, 905 S.E.2d at 251.

For some violations, proof of continued violation may be relatively straightforward: the building is still sitting in the setback or the required vegetative buffering is still not planted. For more temporary or movable violations, though, documentation is critical. For a commercial vehicle improperly parked in a residential district, for a sweepstakes machine placed in the back of the gas station, or for the house that is operating as a late-night bar on the weekends, the local government will need to take steps to document continued or recurring violations.    

Enforcement Options

This blog focuses on initiating enforcement actions. As enforcement continues, multiple enforcement tools are available, including civil penalties, revoking permits, withholding permits, and court action. For more on enforcement options, check out the blog on Enforcement of Development Regulations.

Appeals

A notice of violation is a final, binding administrative decision that may be appealed. Such appeals generally are assigned to the local board of adjustment. State law sets forth the procedures and standards for those appeals. For more on appeals, check out the blog on Appeals of Administrative Development Decisions.

Conclusion

Enforcement of zoning and development regulations is a seemingly simple, yet surprisingly complex area. It touches on constitutional rights and local procedures, customer service and legal requirements. This blog walked through the steps of initiating an enforcement action, including: inspection, building the record, informal and formal notice, opportunity to be heard, opportunity to correct, and continuing violations.