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FILED <br /> LEE COUNTY NC <br /> PAMELA G. BRITT <br /> REGISTER OF DEEDS <br /> FILED Jul 13, 2022 <br /> AT 03:40:27 pm <br /> BOOK 00003 <br /> START PAGE 0846 <br /> END PAGE 0848 <br /> INSTRUMENT # 05442 <br /> EXCISE TAX (None) <br /> AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE UNIFIED <br /> DEVELOPMENT ORDINANCE OF LEE COUNTY TO COMPLY WITH S.L. 2021-138 <br /> BE IT ORDAINED by the Board of Commissioners of Lee County, North Carolina that <br /> the Unified Development Ordinance, and it hereby is, amended as follows: <br /> Section 1. Historically, violations of a municipal ordinance have been punishable as a <br /> misdemeanor unless the ordinance stated that they were not. In 2021,the General Assembly passed <br /> Session Law 2021-138 which provides that a violation of an ordinance is not a misdemeanor or <br /> infraction unless the ordinance expressly provides that it is. S.L. 2021-138 also lists certain <br /> ordinances that can never be punished by a criminal penalty. <br /> Lee County now amends the ordinances listed in Section 2 through Section 5 of this ordinance in <br /> order to comply with S.L. 2021-138 and G.S. 153A-123: <br /> Section 2. Article 1 General Provisions of the Lee County Unified Development Ordinance, <br /> Section 1.6.3 Types of Violations, shall be amended to remove criminal penalties for violations in <br /> accordance with S.L. 2021-138(b1)(1) and rewritten as follows: <br /> 1.6.3 TYPES OF VIOLATIONS. <br /> Any of the following is a violation of this Ordinance and shall be subject to the remedies <br /> and penalties provided for in this Ordinance: <br /> 1.6.3.1 To place any use, structure, or sign upon land that is subject to this Ordinance <br /> without all of the approvals required by this Ordinance. <br /> 1.6.3.2 It is a violation of this Ordinance to subdivide land in violation of this Ordinance <br /> or transfer or sell land by reference to, exhibition of, or any other use of an unapproved <br /> plat. Such violations shall be punishable by civil penalty in accordance with Section 1.6.5 <br /> of this Ordinance. The description by metes and bounds in the instrument of transfer or <br /> other document used in the process of selling or transferring land does not exempt the <br /> transaction from this penalty. The County of Lee may bring an action for injunction of <br /> any illegal: <br /> • Subdivision <br /> • Transfer of land <br /> • Conveyance of land <br />