Sec. 36-39. Same--Enforcement.

   (a)   Any person that violates, fails to comply with, or continues to violate any provision of sections 36-37 through 36-41 or any permit issued hereunder shall be liable to the town for a maximum civil penalty of up to $10,000.00 per violation per day for as long as the violation(s) continues. Each day on which a violation shall occur or continue shall be deemed a separate and distinct violation. In determining the amount of the civil penalty, the director shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, efforts to correct the violation, the compliance history of the person against whom the violation is assessed, cost of enforcement to the town, whether the violation was committed willfully or intentionally, and any other factor as justice requires.

   (b)   If any person violates the provisions of sections 36-37 through 36-41 or the terms or conditions of any permit issued hereunder, a civil action may be commenced in the general court of justice in the name of the town for such legal and equitable relief as may be appropriate.

   (c)   The remedies provided herein are not exclusive. The town may take any one, all, or any combination of these actions against any person in violation of the provisions of sections 36-37 through 36-41 or the terms or conditions of any permit issued hereunder.

(Code 1982, § 19-27; Ord. No. 95-021, 6-22-1995)

   State law reference(s)--Civil penalties, G.S. 160A-175(c).