§ 96.033 REMEDIES.
   (A)   In the event that any person encroaches upon a public way without prior authorization by the Administrator, or violates the conditions by which authority to do so was granted, or otherwise violates any provision of this article, the Administrator may, in addition to any other remedies provided by any other applicable law:
      (1)   Issue an order to the person commanding them to immediately cease and desist their unpermitted or otherwise wrongful activities in the public way, and to restore the affected area;
      (2)   Revoke any authorization previously granted for the encroachment;
      (3)   Issue a civil penalty of $500 to each responsible person or $1,000 to each repeat violator; or
      (4)   Any combination of the above-referenced remedies and any other remedy authorized under G.S. 160A-175.
   (B)   Civil penalties authorized by this section shall be assessed against each responsible person, including the owner on whose behalf work is being performed and the contractor who is performing such work. In situations where evidence is submitted to the Administrator's satisfaction that the work performed constitutes emergency work, however, the Administrator may waive the civil penalties. In such emergency situations, the entity performing the emergency work must apply for the required permit as soon as reasonably possible and pay the applicable permit fee.
(Ord. passed 9-17-2019)