Penalties and remedies for violations shall be as follows.
(A) Any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor, punishable by a fine or imprisonment, not to exceed 30 days, as provided in G.S. § 14-4.
(B) Any violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty of $50 per day for the first violation. If the same violation occurs on the same property within six years after the initial violation is remedied, a civil penalty in the amount of $100 per day shall automatically apply. If the same violation occurs on the same property within six years after the second occurrence of the violation is remedied, a civil penalty in the amount of $200 per day shall automatically apply. If the same violation occurs on the same property within six years after the third or any subsequent occurrence of the violation is remedied, a civil penalty in the amount of $500 per day shall automatically apply. For the purposes of assessing civil penalties each day the violation continues shall be considered a separate and distinct offense. If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the county in a civil action in the nature of debt.
(C) This chapter may also be enforced by any appropriate equitable action. The remedy may include court order of abatement as part of a judgment in the cause. The abatement order may include removal of junk from illegal junk yards and other actions required to make the property comply with the provisions of this chapter at the owner's expense.
(D) Each day that any violation continues after final notification by the Administrator that the violation exists may be considered a separate offense for purposes of the penalties and remedies specified in this section.
(E) Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter. In addition to the foregoing enforcement provisions, this chapter may be enforced by any remedy provided in G.S. § 153A-123, including, but not limited to, all appropriate equitable remedies provided in G.S. § 153A-123(d) and particularly the remedy of injunction and order of abatement as allowed in G.S. § 153A-123(e).
(F) Any building permit(s) associated with the property that has the junk yard permit may be revoked by the permit issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the County Board of Commissioners. Before the permit(s) may be revoked, the permit recipient shall be given ten days' written notice of intent to revoke any relevant permit. The notice shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations before the County Manager. If any relevant permit is revoked, the Ordinance Administrator shall provide to the permittee a written statement of the decision and the reasons therefor.
(Ord. passed 3-9-1992; Ord. passed 3-8-1993; Ord. passed 3-19-2007)