(A) Citations. After a final notice of violation has been issued and a reinspection reveals that a violation has not been corrected, the person(s) or legal entity(ies) responsible for the violation(s) may be issued a civil penalty citation for each offense. On and after the date of the reinspection conducted subsequent to the service of the final notice of violation, the offender will be guilty of an additional and separate offense for each day that a violation continues uncorrected, and each offender that receives a civil penalty citation is subject to a cumulative penalty for each and every offense. A single civil penalty citation issued on the date of a reinspection may assess the sum of the civil penalties incurred by the violator for each day that a violation went uncorrected during the time period specified in the civil penalty citation. If the recipient of a civil penalty citation fails to pay the specified penalty within ten business days of the date of service of the civil penalty citation by means of personal service or by means of certified mail, return receipt requested, the city may initiate a civil action in the nature of debt in order to recover the civil penalties assessed against the offender. The amount of the civil penalty per offense shall be calculated as follows:
(1) Non-life safety. The civil penalty for each non-life safety offense that is uncorrected as of the date of the post final notice of violation reinspection shall be $50 per offense on and after the date of service of a civil penalty citation by means of personal service or certified mail, return receipt requested. This penalty of $50 per offense shall continue to accrue until the earlier of either the date upon which the offender notifies the Fire Prevention Bureau of the correction of the violation or the calendar day immediately preceding the date of the first reinspection conducted after the issuance of a civil penalty citation. If the violation that triggered the first civil penalty citation has not been corrected as of the date of this reinspection, the civil penalty for each continuing non-life safety offense shall be $100 per offense from the date of service on the offender of a civil penalty citation reflecting the enhanced penalty by means of personal service or certified mail, return receipt requested, to the date on which the Fire Prevention Bureau is notified of the correction of the violation.
(2) Life safety other than occupancy violations and blocked exits. Except for occupancy violations and blocked exits, the civil penalty for each life safety offense that is uncorrected as of the date of the post final notice of violation reinspection shall be $150 per offense on and after the date of service of a civil penalty citation by means of personal service or certified mail, return receipt requested. This penalty of $150 per offense shall continue to accrue until the earlier of either the date upon which the offender notifies the Fire Prevention Bureau of the correction of the violation or the calendar day immediately preceding the date of the first reinspection conducted after the issuance of a civil penalty citation. If the violation that triggered the first civil penalty citation has not been corrected as of the date of this reinspection, the civil penalty for each continuing life safety offense shall be $300 per offense from the date of service on the offender of a civil penalty citation reflecting the enhanced penalty by means of personal service or certified mail, return receipt requested, to the date on which the Fire Prevention Bureau is notified of the correction of the violation.
(3) Life safety - occupancy violations. If an inspector discovers overcrowding of a building, or a portion thereof, on more than one occasion during a rolling 12-month period, the offender with ownership/managerial responsibility for the building shall be subject to the immediate assessment of civil penalties. The person or entity receiving such a civil penalty citation shall be subject to the continuing immediate assessment of civil penalties for overcrowding until a 12-month time period has passed without any violations pertaining to overcrowding. The amount of the civil penalty for overcrowding shall be $100 per person in excess of the occupant load prescribed by the North Carolina Fire Code. No civil penalty shall be assessed pursuant to this division unless the offender has been previously served with a written warning for overcrowding within the relevant 12-month period by means of personal service or by means of certified mail, return receipt requested. None of the provisions found within this section shall be construed or deemed to prevent an inspector in the Fire Prevention Bureau from immediately exercising any authority that he or she may possess under the applicable laws to summarily abate overcrowding.
(4) Life safety - locked, blocked, or obstructed exits. If an inspector discovers locked, blocked, or obstructed exits on more than one occasion during a rolling 12-month period, the offender with ownership/managerial responsibility for the building under inspection shall be subject to the immediate assessment of civil penalties. The person or entity receiving such a civil penalty citation shall be subject to the continuing immediate assessment of civil penalties for locked, blocked, or obstructed exits until a 12-month time period has passed without any violations pertaining to exits. The amount of the civil penalty for life safety violations pertaining to exits shall be $500 per locked, blocked, or obstructed exit. No civil penalty shall be assessed pursuant to this section unless the offender has been previously served with a written warning for locking, blocking, or obstructing an exit within the relevant 12-month period by means of personal service or by means of certified mail, return receipt requested. None of the provisions found within this section shall be construed or deemed to prevent an inspector in the Fire Prevention Bureau from immediately exercising any authority that he or she may possess under the applicable laws to summarily correct a locked, blocked, or obstructed exit.
(B) Criminal offense. Any violation of a section of this chapter that is specifically designated as a misdemeanor shall be a Class 3 misdemeanor punishable as provided in G.S. 14-4, with a maximum fine of no more than $500.
(C) Equitable remedy. The City of Asheboro Fire Prevention Ordinance, including without limitation the adopted provisions of the North Carolina Fire Code, may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(D) Availability of combination of remedies. The City of Asheboro Fire Prevention Ordinance, including without limitation the adopted provisions of the North Carolina Fire Code, may be enforced by any one, all, or a combination of the remedies authorized and prescribed herein. No provision within the Fire Prevention Ordinance shall be construed to impair or limit the ability of a fire inspector to take any otherwise lawful enforcement or abatement action available to the inspector for the purpose of abating a situation or condition that poses an imminent threat to life and safety.
(E) Responsible parties. The owner, tenant, and occupant of any building or land or part thereof and any architect, builder, contractor, agent, or any other person who participates or acts in concert, assists, directs, creates, or maintains any condition in violation of the City of Asheboro Fire Prevention Ordinance, including without limitation the adopted provisions of the North Carolina Fire Code, may be held responsible for such violation(s) and are subject to the penalties and remedies herein provided.
(F) Appeals. In accordance with G.S. § 160D-1127, an appeal from any order or decision of an inspector in the City of Asheboro Fire Prevention Bureau pertaining to the North Carolina State Building Code, which includes the North Carolina Fire Code, shall be taken within a period of ten days after the issuance of the contested order or decision to the Commissioner of Insurance or his or her designee or other official specified in G.S. § 143-139.
(G) Exceptions. Notwithstanding any other provision in this chapter, the enforcement mechanisms prescribed by this section are subject to the following exceptions:
(1) The city will not initiate a civil action in the nature of debt against the State of North Carolina or any of its political subdivisions in order to recover assessed civil penalties. No other remedy authorized by this section for a violation of the Asheboro Fire Prevention Ordinance is impaired or limited by this exception.
(2) When violations discovered by an inspector in the City Fire Prevention Bureau are categorized as either life safety - occupancy violations or life safety - locked, blocked, or obstructed exits violations, the inspector may immediately issue a civil penalty citation that provides the offender with a written warning or assesses a civil penalty in the amount prescribed by § 95.07(A)(3) for occupancy violations or by § 95.07(A)(4) for violations pertaining to the obstruction of exits. No final notice of violation or any other type of notice specified in § 95.06 is required prior to the issuance of a civil penalty citation for violating occupancy limits or obstructing exits.
(Ord. 02 ORD 2-11, passed 2-10-11; Am. Ord. 15 ORD 5-11, passed 5-5-11; Am. Ord. 36 ORD 12-21, passed 12-9-21)