Severability Clauses in Charlotte City Bylaws
In Charlotte, North Carolina, severability clauses are standard language in municipal legislation that preserves the remainder of an ordinance if a court strikes part of it down. Municipal drafters include these clauses to keep the city code functional even when individual provisions are held invalid. For public officials, practitioners, and residents it is important to know where to find the clause in a specific ordinance and how it interacts with enforcement, penalties, and appeals under Charlotte city law and the city charter. For the full ordinance text and codified provisions consult the Charlotte Code of Ordinances and the City Clerk ordinance repository.[1][2]
How severability clauses work
A severability clause typically states that if any section, subsection, sentence, clause, or phrase of an ordinance is held invalid by a court, the invalidity will not affect other parts of the ordinance. This prevents an entire ordinance from being swept away because of one defective provision. In Charlotte, such clauses are usually drafted in plain terms and appear near the ordinance’s final provisions or in a general provisions chapter of the municipal code.
When severability matters
- When a court issues an injunction or declaratory judgment affecting part of an ordinance.
- When drafting or revising ordinances to anticipate legal challenge.
- When enforcing code provisions that reference or depend on other provisions.
Penalties & Enforcement
Severability clauses themselves do not prescribe penalties; penalties for violating an ordinance are found in the operative sections for that subject matter. For guidance on the applicable penalties and enforcement pathways, consult the codified ordinance or the ordinance as adopted by City Council. The Charlotte Code of Ordinances and City Clerk pages provide the authoritative text for each ordinance and any penalty provisions.[1][2]
- Fine amounts: not specified on the cited page; fines are set in the specific ordinance or penalty chapter.
- Escalation: not specified on the cited page; many Charlotte ordinances provide increased fines or daily continuing violation fines in their enforcement sections.
- Non-monetary sanctions: typical tools include administrative orders, injunctive court relief, abatement orders, or permit suspensions depending on the subject ordinance.
- Enforcer and complaint pathways: Code Enforcement, the Charlotte-Mecklenburg Planning Department, and the City Attorney’s Office typically carry out enforcement or provide legal action; use official complaint/contact pages linked in Resources below.
- Appeals/review: procedure and time limits are set in the specific ordinance or in enabling rules; where not listed on the cited page, they are not specified on the cited page.
- Defences/discretion: common defenses include valid permits, compliance efforts, or a court finding a reasonable basis for the conduct; specific defenses depend on ordinance language.
Common violations (examples)
- Property maintenance violations (nuisance, overgrowth) — penalties set in code sections governing property maintenance.
- Parking and traffic-related local ordinances — fines and tow authority in the ordinance text.
- Building without required permits — civil fines and stop-work orders as authorized elsewhere in the code.
Applications & Forms
Severability clauses do not require a specific application form. Forms and permit applications are published where relevant for the permit or administrative relief sought. If a specific form is required for appeal or variance, that requirement will be listed in the controlling ordinance or the department’s procedural rules; such forms are not specified on the cited pages for severability.[1]
Practical action steps
- Locate the full ordinance text in the Charlotte Code of Ordinances or City Council adoption record.[1]
- If enforcement is underway, contact the enforcing department (Code Enforcement, Planning, or City Attorney) using the city contact pages listed below.
- If you plan to challenge a provision, consult the City Clerk’s ordinance record for the adopting resolution and timeline.[2]
- Preserve records of permits, correspondence, and inspections to support compliance or an appeal.
FAQ
- What is a severability clause?
- A severability clause says that if part of an ordinance is invalidated, the rest remains in force unless the valid parts are inseparable from the invalid part.
- Where do I find severability language in Charlotte ordinances?
- Look near the final provisions of an ordinance or in the general provisions chapter of the Charlotte Code of Ordinances and in the adopting ordinance published by the City Clerk.[1][2]
- Does severability affect penalties?
- No; severability preserves the remaining operative provisions but does not change penalty amounts, which are set in the specific ordinance or penalty chapter.
How-To
- Find the ordinance in the Charlotte Code of Ordinances or City Clerk repository.[1]
- Read the ordinance’s final provisions for a severability clause or a cross-reference to a general provision.
- If the ordinance is being enforced, contact the named enforcing department for applicable penalties and appeal instructions.
- If you plan litigation or an administrative appeal, collect the ordinance history and any relevant permits or correspondence.
- Consult the City Attorney or retained counsel for legal strategy; severability analysis is fact-specific.
Key Takeaways
- Severability preserves the rest of an ordinance when a court strikes part of it.
- Penalties and appeals are governed by the specific ordinance or procedural rules, not by the severability clause.
- Always consult the authoritative ordinance text and the enforcing department for exact procedures.
Help and Support / Resources
- City of Charlotte Code of Ordinances
- City Clerk - Ordinances and Records
- Code Enforcement - City of Charlotte