Loading...
§ 10.06 REPEAL, EXPIRATION, AND REVIVAL OF ORDINANCES.
   The repeal of an ordinance, or its expiration by virtue of any provisions contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred, or any proceeding commenced before the repeal took effect or the ordinance expired. When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.
('58 Code, § 1-5)
§ 10.07 ALTERING CODE.
   It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this code or to insert or delete pages, or portions thereof, or to alter or tamper with this code in any manner whatsoever except pursuant to ordinance or resolution or other official act of the City Council which will cause the law of the city to be misrepresented thereby. A violation of this section is punishable as a misdemeanor.
('58 Code, § 1-7) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
   USE OF THE CODE AND PENALTIES
§ 10.80 PENALTIES FOR VIOLATIONS.
   Any person determined to be in violation of any of the provisions of the chapters and/or appendices identified in § 10.84 shall receive a civil citation for a penalty of $100 for such violation. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by a City Department employee having jurisdiction over the violation provided however, that notification as a prerequisite to issuance of civil citations shall not apply to alleged violations of § 82.39. Such notification shall be either through a personal visit or by certified mail. If uncorrected after the notification, the city employee who observed the violation shall issue a citation requiring the violator to pay the above-stated penalty to the City Finance Department. The owner, tenant or occupant of any building or land or part thereof or any person who participates in or acts in concert, assists, directs, creates or maintains any condition found to be a violation shall be subject to the penalties and remedies herein provided.
(Ord. 00-26, passed 8-21-00; Am. Ord. 07-28, passed 9-4-07)
§ 10.81 UNCORRECTED VIOLATIONS.
   When the city employee finds that a previous violation has not been corrected, he shall issue another citation requiring payment of an additional civil penalty in the amount of $200. After a second citation has been issued, no further civil citation shall be issued to the same person for the same continuing violation at the same location unless and until an additional written notice is delivered to the offender by personal service, registered mail or posting of the notice at the location of the violation if reasonable attempts to serve the notice are unsuccessful. The notice shall set forth the nature of the violation and order that corrective action be taken. The notice shall state that failure to correct the violation within the time specified in the notice will result in the assessment of additional civil penalties and other enforcement action. If after the specified time period has expired and corrective action has not been completed, the civil penalty shall automatically activate in the amount of $200 per day and shall continue to be accrued at the rate of $200 per day until the violation is corrected. The city employee shall notify the violator by personal service or certified mail of the day that the civil penalty began to accrue and shall state that the penalty will continue to accrue for each day the violation remains uncorrected. Any enforcement action for injunctive relief by the city shall not stay or abate the accruing of the civil penalty, and the penalty shall continue to accrue daily until the violation is finally corrected either voluntarily or by the city as a result of a court order.
(Ord. 00-26, passed 8-21-00)
§ 10.82 FAILURE TO PAY.
   (A)   If the civil penalty is not paid within ten days after demand for payment by the city employee, the city may initiate a civil action in the nature of a debt collection to recover civil penalties which may have previously accrued. Such action shall stop further civil penalties from accruing if the violation has been corrected.
   (B)   Civil penalties are an additional remedy for code enforcement. In addition thereto, all remedies allowed in North Carolina General Statutes and this Code may also be pursued by the city at the same time without waiving the civil penalties authorized in this chapter.
(Ord. 00-26, passed 8-21-00)
§ 10.83 APPEALS OF DETERMINATION OF VIOLATION.
   A person notified of a violation may appeal such determination to the appro- priate Department Head charged with the enforcement of the particular offense. Such appeal must be filed with the city not later than ten days after the receipt of the first notice issued. Failure to timely file an appeal shall constitute acceptance of the determination that a violation exists. The fact that an appeal is filed or pending under this chapter shall not prevent the city from pursuing other enforcement remedies allowed by law.
(Ord. 00-26, passed 8-21-00)
Loading...