(a) Administration. The village manager shall be responsible for administering the village creek access policy.
(b) Violations. Any failure to comply with a requirement, prohibition, or limitation imposed by the provisions of this article, shall constitute a violation of this article.
(c) Criminal penalties. Violation of the provisions of this article shall constitute a class 3 misdemeanor punishable by imprisonment and/or fine not to exceed $500.00, as specified by G. S. 14-4. Each day that the violation continues to exist shall be considered a separate and distinct offense. Nothing contained in this subsection shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation.
(d) Civil penalties.
(1) In addition to other remedies cited in this article for the enforcement of this article, violations of this article may subject the offender to civil penalties as set forth in subsections (2), (3), and (4) of this subsection (d). The village may recover this penalty by civil action if not paid at the village offices within 48 hours of the issuance of any civil citation. In addition, failure to pay the civil penalty within the 48-hour period may subject the offender to criminal sanctions as set forth in subsection (c)of this section.
(2) The following civil penalties are established for violations of section 18-36(a), (b)and (d):
a. First violation: Warning citation
b. Second citation; each successive occurring within six months: $300.00
If violation has not been corrected within ten days after the first citation, the subject property shall be determined to be abandoned and may be seized and a fine will be assessed daily, until the violating party takes corrective action.
(3) The following civil penalties shall be enforced for violations other than those referenced above:
First citation . . . . . | $ 50.00 |
Second citation for same offense . . . . . | 100.00 |
Sequential violations for same offense . . . . . | 100.00 |
These civil penalties are in addition to any other penalties which may be imposed by the court of law for violations of the provisions of this article.
(4) In addition to the foregoing enforcement provisions, this article may be enforced by any remedy provided in G.S. 160A-175, including, but not limited to, all appropriate equitable remedies issued from a court of competent jurisdiction as provided in G.S. 160A-175(d)and particularly the remedy of injunction and order of abatement as allowed by G.S. 160A-175(e).
(e) Abandoned vessels.
(1) If the violator fails to remove his vessel from the creek access within the specified period of time allowed, the vessel will be determined to be abandoned and the village may seize such abandoned vessels. The owner of any vessel removed pursuant to this article from any property owned by the village or any private property shall pay to the village all reasonable costs incidental to the removal and storage of such vessel.
(2) Written notice of each removal of any abandoned vessel and of the possible sale or disposition thereof shall be given as promptly as possible to the owner thereof at the owner's last known address according to the latest registration certificate or certificates of title on file with the state division of motor vehicles or department of public safety and shall describe the vessel, place of storage and procedure of recovery thereof. Notice need not be given to the registered owner when the vessel does not display a license plate or a valid registration certificate.
(3) Any time that an abandoned vessel shall be removed to a place of storage, the village shall collect the current towing fee and a daily storage fee. Any owner shall have the right to a hearing to determine whether the vessel was abandoned within the village in order to contest the towing and/or storage fees. The hearing shall be heard by the village manager who shall determine by preponderance of the evidence as to whether the vessel was in fact abandoned. The right of appeal from such decision shall be to the district court for Brunswick County. At the conclusion of the hearing the village manager shall render his decision; the decision shall be further reduced to writing and forwarded to the owner or other individual seeking a hearing who shall be entitled to appeal the decision to the district court for Brunswick County by giving due notice of appeal within ten days of the date that such notice shall have been mailed to the individual appealing. Pending any hearing or appeal pursuant to this article, the owner or other individual may obtain a release of the vessel at any time after the towing and/or storage fees are paid or by posting a bond with the village in the form of cash in the amount of the towing and/or storage fees. Unless the cash bond shall be paid, storage fees shall continue to accrue pending resolution of the appeal.
(4) If an abandoned vessel is worth $100.00 or more and should the owner thereof refuse to pay the costs referenced in this section or should the identity or the whereabouts ofsuch owner be unknown and unascertainable after a diligent search, it shall, after being held by the village for 30 days and after seven days advertisement in a local newspaper and after 20 days' written notice to the registered owner at the last known address, if his identity is known, and to the holders of any liens of record against the vessel and to the state division of motor vehicles, be sold by the director of public safety or his designee at public auction; provided, however, that any person having an interest in the vessel may redeem it at any time prior to the sale by paying all costs accrued to date. Such costs shall include advertisement fees.
(Ord. No. 52, art. VI, 11-15-1997; Ord. No. 2013-0501, 5-17-2013)