(A) Penalties for violations. Any person determined to be in violation of any of the provisions of the chapters and/or appendices identified in division (E) below may receive a civil citation for a penalty of $100 for such violation. No penalty shall be assessed until the person alleged to be in violation has been notified in writing of the violation by a town employee having jurisdiction over the violation; provided however, that notification as a prerequisite to the issuance of civil citations shall not apply to alleged violations of Chapter 82. Said written notification shall be provided via hand-delivery with a signed receipt acknowledging delivery or by certified mail with a copy thereof also sent by regular mail. The provision of notice by mail shall be deemed sufficient if the certified mail is unclaimed or refused and the regular mail is not returned by the United States Postal Service within ten days after the date on which it was mailed. If uncorrected after the notification, the town employee who observed the violation shall issue a citation requiring the violator to pay the above-stated penalty to the town. The owner, tenant or occupant of any building or land or part thereof or any person who participates in or acts in concert, assists, directs, creates or maintains any condition found to be a violation shall be subject to the penalties and remedies herein provided.
(B) Uncorrected violations. When the town employee finds that a previous violation has not been corrected, he or she shall issue another citation requiring payment of an additional civil penalty in the amount of $200. After a second citation has been issued, no further civil citation shall be issued to the same person for the same continuing violation at the same location unless and until an additional written notice is delivered to the offender by personal service, registered mail or posting of the notice at the location of the violation if reasonable attempts to serve the notice are unsuccessful. The notice shall set forth the nature of the violation and order that corrective action be taken. The notice shall state that failure to correct the violation within the time specified in the notice will result in the assessment of additional civil penalties and other enforcement action. If after the specified time period has expired and corrective action has not been completed, the civil penalty shall automatically activate in the amount of $200 per day and shall continue to be accrued at the rate of $200 per day until the violation is corrected. The town employee shall notify the violator by personal service or certified mail of the day that the civil penalty began to accrue and shall state that the penalty will continue to accrue for each day the violation remains uncorrected. Any enforcement action for injunctive relief by the town shall not stay or abate the accruing of the civil penalty, and the penalty shall continue to accrue daily until the violation is finally corrected either voluntarily or by the town as a result of a court order.
(C) Failure to pay.
(1) If the civil penalty is not paid within ten days after demand for payment by the town employee, the town may initiate a civil action in the nature of a debt collection to recover civil penalties which may have previously accrued. Such action shall stop further civil penalties from accruing if the violation has been corrected.
(2) Civil penalties are an additional remedy for code enforcement. In addition thereto, all remedies allowed in North Carolina General Statutes and this code may also be pursued by the town at the same time without waiving the civil penalties authorized in this chapter.
(D) Appeals of determination of violation. A person notified of a violation may appeal such determination to the Town Administrator. Such appeal must be filed with the town not later than ten days after the receipt of the first notice issued. Failure to timely file an appeal shall constitute acceptance of the determination that a violation exists. The fact that an appeal is filed or pending under this chapter shall not prevent the town from pursuing other enforcement remedies allowed by law.
(E) Applicable chapters and appendices. The following titles shall be applicable to this chapter:
(1) Title II Government and Administration;
(2) Title III Public Safety;
(3) Title IV Public Works;
(4) Title V Municipal Utilities;
(5) Title VI Licensing and Regulation;
(6) Title VII Motor Vehicles and Traffic;
(7) Title VIII Offenses; and
(8) Title IX Planning and Regulation of Development.
(F) General penalty. In accordance with G.S. § 160A-175, and unless this code provides a different criminal penalty, violation of any provision hereof shall be a misdemeanor as provided in G.S. § 14-4, punishable upon conviction by a fine not exceeding $50 or by imprisonment not exceeding 30 days. By express statement, any section may be enforced by the ordering of appropriate equitable remedy, including injunction, by the general court of justice. Each day that any breach or violation of, or any failure to comply with, any provision or requirement of any section or division of this code or any ordinance of the town, continues or is allowed to continue, shall constitute, and is hereby declared to be, a separate and distinct offense.
(Ord. 14-1, passed 10-9-2014; Am. Ord. 23-1, passed 2-13-2023)