Schedule of Civil Penalties
The violation of those provisions of the Code of Ordinances referenced hereinafter are subject to civil penalties as set forth hereinafter. Each violation and any delinquent penalty are not subject to the penalty provisions of N.C.G.S., sec. 14-4 [G.S. 14-4], but instead constitute civil penalties to be recovered by the city in a civil action in the nature of debt when the violator does not pay the penalty within the prescribed period of time, pursuant to N.C.G.S., sec. 160A-175(c) [G.S. 160A-175(c)]. The following civil penalties are hereby established:
A. Stopping, standing and parking violations established by article V of chapter 19 of the Code of Ordinances:
(1) Overtime parking at metered or non-metered spaces $20.00
Provided, however, as second or subsequent violation within a 24-hour period shall be subject to an additional civil penalty of $40.00
(2) Violation of division 5, article V (handicapped parking) $250.00
(3) Violation of section 19-137(b) (illegally parking in a fire lane) $50.00
(4) Violation of section 19-138 (Passenger zones, loading zones and tow-away zones) $30.00
(5) All other violations $20.00
(6) Parking violations included in this section shall be delinquent after the fifteenth day from the issuance of the citation; thereafter the following civil penalties shall apply to the foregoing parking violation, in addition to the stated penalty:
Delinquent Period | Additional Penalty |
(a) 15 to 30 days delinquent on all penalties | $25.00 |
(b) For each additional 30-day period of delinquency thereafter for the penalties set forth in subsections A(1) through A(6) the city may assess an additional $25.00 penalty, with a maximum of three delinquency penalties per violation, pursuant to this subsection.
B. Animal control violations established by chapter 3 of the Code of Ordinances:
(1) First offense | $ 50.00 |
(2) Second offense | 100.00 |
(3) Third offense | 150.00 |
(4) Succeeding offenses within 12 months shall result in an increased penalty in increments per offense | 50.00 |
(5) A violation of section 3-5(b) and (c). This penalty shall be waived if the owner of the animal presents documentation to the city that the animal has been altered within 30 days of the citation. Late penalties pursuant to section (6) is not applicable to this section. | 200.00 |
(6) Unpaid penalties shall be delinquent after the fifteenth day of the issuance of the citation; thereafter the following civil penalties shall apply to the foregoing animal control violation in addition to the stated penalty.
Delinquent period | Additional penalty |
(a) 15 to 30 days delinquent | 50.00 |
(b) For each additional 30-day period of delinquency thereafter for the penalties set forth in B(1)—B(4) the city may assess an additional $50.00 penalty, with a maximum of three delinquent penalties per violation, pursuant to this section.
C. Fire code violations established by chapter 6 of the Code of Ordinances:
(1) Class D violations | $ 50.00 |
(2) Class C violations | 100.00 |
(3) Class B violations | 250.00 |
(4) Class A violations | 500.00 |
(5) Extinguishment of a fire due to an open burning with a valid permit during an emergency or any fire that does not have a valid burning permit | 250.00 ..... per hour ..... or fraction ..... thereof |
D. Violations of provisions regarding junk dealers and junkyards established by article III of chapter 10 of the Code of Ordinances:
Each separate offense | 50.00 |
E. Violations of certain provisions regarding pushcarts, outdoor dining areas and outdoor merchandise areas established by article V of chapter 16 of the Code of Ordinances:
Each separate offense | 100.00 |
F. Violations of noise regulations established by article IV, chapter 10 of the Code of Ordinances:
First violation (per City Code section 1 | 550.00 |
Second violation | 100.00 |
Third violation | 200.00 |
Fourth or subsequent violation, per offense | 300.00 |
G. Violations of pre-towing notice provisions established in section 11-18.
(1) Within a one year period, civil penalties shall be as follows:
First violation | $200.00 |
Second violation | $300.00 |
Third violation | $500.00 |
Fourth violation | $750.00 |
Fifth violation | $1,000.00 |
(2) Once the one year period has run from the first violation, the next violation shall be considered to be a first.
H. Violations of provisions regarding snip signs established by article V of chapter 10 of the Code of Ordinances:
Each separate offense | 50.00 |
I. Size of tree or area or area of specified vegetation removed:
Each 100 square feet of specified vegetation above 250 square feet | $500.00 |
6—8' tree (dbh) | 500.00/tree |
8—12' tree (dbh) | 700.00/tree |
12—16' tree (dbh) | 1,000.00/tree |
18—20' tree (dbh) | 1,500.00/tree |
Over 20' tree (dbh) | 2,500.00/tree |
In situations where specified vegetation removal cannot be precisely ascertained from an on-site inspection, aerial photographs or other methods, per each 1,000 square feet of area where vegetation has been removed8,000.00
J. Fines for destruction of historic features without a certificate of appropriateness:
Item Destroyed | Fine |
Building | $10,000.00 |
Outbuilding/garage | 5,000.00 |
Windows or doors | 250.00 per window or door |
Light fixtures | 250.00 per fixture |
Other destroyed features that cannot be replaced including but limited to brackets, railings, moldings or other architectural details | 250.00 per item |
Trees | See fines as set forth in Appendix B(1) |
K. Penalties for cutting into city streets/sidewalks without a permit:
Failure to obtain a street cut permit | $250.00 ..... and $100.00 ..... daily thereafter |
Exceeding time of street cut permi: | 100.00 ..... per day |
Maximum penalty | 5,000.00 ..... per permit |
L. The penalty for violating the e-scooter regulations of Chapter 19, Article I of the Code of Ordinances shall be $100.00 per violation.
(Ord. No. 2024, § 1(c), 4-27-93; Ord. No. 2036, § 1, 6-29-93; Ord. No. 2242, § 13, 9-26-95; Ord. No. 2264, § 1, 2- 27-96; Ord. No. 2369, § 1, 5-27-97; Ord. No. 2585, § 3, 6-22-99; Ord. No. 2586, § 2, 6-22-99; Ord. No. 2726, § 1, 6-27-00; Ord. No. 2889, § 1, 1-22-02; Ord. No. 2901, 2-12-02; Ord. No. 3041, 7-22-03; Ord. No. 3057, § 1B, 9-23- 03; Ord. No. 3054, 9-23-03; Ord. No. 3239, 5-24-05; Ord. No. 3342, § 2, 3-14-06; Ord. No. 3467, § 1(h), 5-8-07; Ord. No. 4186, §§ 1—3, 5-14-13; Ord. No. 4329, § 2, 8-26-14; Ord. No. 4334, § 1, 8-26-14; Ord. No. 4698, § 2, 8- 28-18; Ord. No. 4709, § 1, 11-27-18; Ord. No. 4715, § 2, 11-27-18)
Notes
| 2 | Cross reference(s)—General penalty, § 1-5. |