The City of Brevard peruses code enforcement to help maintain the health, safety, and welfare of the public. If you have a potential code violation that you want the City to investigate, call the Planning Department at 828-885-5630 or fill out the online complaint form.
18.3. - Enforcement procedures.
- A. [Notify the owner or occupant of violation.] When the administrator or his designee becomes aware of a violation of this ordinance, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.
- B. Notice of violation. If the owner or occupant of the land, building, structure, sign, or use in violation fails to take prompt corrective action, the administrator or his designee shall give the owner or occupant written notice (by certified or registered mail to his last known address, by personal service, or by posting notice conspicuously on the property) of the following:
- 1. That the activity, land, building, structure, sign, or use is in violation of this ordinance;
- 2. The nature of the violation, and citation of the section(s) of this ordinance violated;
- 3. The measures necessary to remedy the violation; and
- 4. Mechanisms available to appeal the decision of the administrator.
- C. Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the administrator or his designee to the board of adjustment (unless this ordinance has specified that another board shall hear the appeal of the violation) within 15 days following the date of the notice of violation. The board of adjustment (hereafter, "BOA"), or other designated board, shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the decision of the administrator shall be final.
- D. Notice of decision/notice of intent. The decision of the BOA and/or notice of intent may be delivered to the aggrieved party either by personal service or by registered mail, certified mail return receipt requested, and by posting notice conspicuously on the property. Such notice of decision and/or notice of intent shall inform the recipient of the time frame within which compliance shall be required, and the remedies available to the city as provided by state law or by Section 18.4.
- E. Failure to comply with notice of violation, notice of intent, and decision of the board of adjustment. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the BOA following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state law or by Section 18.4.
Health and Sanitation violations as enumerated in the City Code section 38.22, as well as any and all zoning/land development regulations that are found in the UDO.
Health and Sanitation code is not enforced in the ETJ. For these cases, contact the Transylvania County Environmental Health Department. If you do not know if a property is in the ETJ, you may contact the Planning Department at 828-885-5630.
The resolution timeline for code complains varies from case to case. If the subject of the enforcement action is a bona fide risk to public safety or public health, the response can be very swift as the City will exercise all of its governmental authority and policing powers.