(a) Civil penalty. In addition to all other remedies and sanctions available to the town or imposed under law, there is hereby imposed a civil penalty in the amount of $50.00 for the first violation of any provision of this chapter in any 12-month period and $100.00 for any subsequent violation in a 12-month period.
(1) The levying of civil penalties may be initiated by any police officer giving written notice of the violation along with a statement that a civil penalty is being imposed. The notice shall inform the recipient that he or she may appeal the civil penalty within ten days to the chief. If an appeal is made, a hearing shall be held before the chief, who, following the hearing, shall affirm or reverse the imposition of the penalty. A notice of violation that is not appealed, or one affirmed after appeal, shall be considered finally assessed.
(2) For the second and successive violations of any of the provisions of this chapter during any 12-month period, the civil penalty shall be double that for the first violation.
(3) Civil penalties shall be paid within 30 days to the office of the revenue collector of the town. If not so paid, the town may initiate a civil action in the name of the town in the nature of debt to collect any unpaid penalty.
(4) Any permit required to be issued or renewed under this chapter shall not be issued or renewed unless and until all civil penalties that have been assessed against the applicant, or any employee of the applicant, have been paid in full.
(b) Misdemeanor offenses. In addition to the civil penalty, violations may also be punishable as a misdemeanor offense.
(Code 1982, § 18-3.4; Ord. No. 98-022, 12-10-1998)
State law reference—Penalties for ordinance violations, G.S. 14-4, 160A-175.