(A) The Town Manager may designate the Enforcement Officer(s) from the town staff, who shall have the authority and duty to perform inspections, issue citations, assess penalties and take enforcement actions. Also, the other departments of the town may accompany the Enforcement Officer to assist in administration and enforcement.
(B) The town may exercise remedies for violation of any provision of this chapter as allowed and authorized by the North Carolina General Statutes, including but not limited to civil penalties, equitable remedies, and criminal prosecution, as well as all remedies available under Chapter 11 of this Code of Ordinances. In addition, whenever the Enforcement Officer receives a proper, non-anonymous, written complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted (including, in his or her discretion, any appropriate informal measures deemed helpful toward procuring compliance with this chapter). The Enforcement Officer shall inform the complainant in writing what actions have been or will be taken. A warning may be issued by the Enforcement Officer without fine when the officer is of the opinion that a violation of this chapter may be remedied without the necessity of prosecution; however, a warning citation may not be issued in the case where public health and/ or safety are endangered. Waiver of enforcement by the town of any provision of this chapter shall not prejudice the enforcement of remaining portions of this chapter.
(C) Civil enforcement and penalties; notice of violation. The Enforcement Officer may issue a notice of violation to any person who fails to comply with any provision of this chapter. The notice of violation shall contain a description of the violation, the date of inspection, a description of the action necessary for correction of the violation and the date (no more than ten business days from the date of the notice) that compliance is required. The notice shall also specify the amount of civil penalty that may be imposed should the violator fail to take corrective action within the time frame set forth for compliance with the chapter. The notice shall be hand delivered or mailed by certified or registered mail, return receipt requested, to the person or persons alleged to be in noncompliance. The Enforcement Officer shall sign a statement for his file of the date, time and manner of delivery. The failure to comply with the notice of violation by taking corrective action may result in any of the civil or criminal remedies set forth in Chapter 11 of this Code of Ordinances. Additionally, violation of any provision of this chapter shall be punishable as a misdemeanor as set forth in G.S. §14-4. Each days continuing violation shall be deemed a separate offense.
(Ord. 2020-04, passed 6-9-2020; Ord. 2021-01, passed 5-11-2021)