Code Enforcement

Code enforcement is an integral part of the services that the Development Services Department provides. Monthly code enforcement reports are included in the regular monthly Town Council agenda packets and can be viewed there. The monthly code enforcement reports breaks down the total number of new and closed code enforcement violations by type for each month and additional information such as trends, inspections, site visits, citations, etc… are also included.

The code enforcement process can vary depending on the type of code violation, past site history, and various other factors. Typically a courtesy letter is issued giving ten day time period to comply, if no abatement is made after ten days then a 2nd more formal terse notice is mailed detailing a firm ten day date before citations ensue. Finally, if the violation is still not corrected after that time frame a final third notice with the citation is sent to the tax address via certified return receipt mail. The fines are typically $50 dollars each day the code violation continues to exist without being resolved.

The most common types of violations typically enforced are: trash & debris, spikes of high grass in the summer, trash in the right-of-way, junk vehicles, unsafe structures, work without permit, hazardous trees, and then a miscellaneous assortment of other things. The majority of the nuisance abatement ordinances with the Town of Oak Island Code of Ordinances is located in Chapter 14 – Article II; Nuisances and can be found on the town’s website.

The town cannot do code enforcement in the ETJ (Extra-Territorial Jurisdiction).

Once aware of a possible Code Violation, staff utilize the following timeline, below, with 10 business days between inspections:

1. Infraction identified. Courtesy (1st inspection)
   • Photos taken.
   • Case started.
   • Courtesy letter started (or courtesy call with written follow up/email provided)
   • Inspection scheduled.
2. Site visit 2nd inspection. If still in violation – next inspection scheduled
3. Notice of Violation (NOV). 3rd inspection, 20 business days after infraction identified
   • Site visit, NOV letter sent if still in violation (sent via first class and Certified)
4. Citation Issued. 4th inspection, 10 business days after NOV issued
   • Site visit, Citation letter sent if still in violation (sent via first class and Certified) – Fined daily until site brought into compliance
   • Site visit 5th inspection, if still in violation – start new citation and forward to Town Attorney to file suit
5. Hearing. Scheduled only for Minimum Housing or Junk Vehicle Abatement
   • Prepare Notice of Hearing and mail notice via first class and Certified Mail
   • Conduct hearing – record and transcribe minutes.
6. Infraction sent to Town Attorney. 10 business days after citation issued.