(A) Criminal penalties. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $500, or imprisonment for not more than 30 days, or both. Each violation is a separate and distinct offense, and each day of continued violation shall be considered a separate offense. The suspension or revocation of a license shall not prohibit the imposition of a criminal penalty or the assessment of a civil penalty and the imposition of a criminal penalty or the assessment of a civil penalty shall not prevent the suspension or revocation of a license.
(B) Civil penalties. Any person who violates any provision of this chapter shall be subject to a civil penalty not to exceed $500 as provided herein to be recovered in a civil action in the nature of debt if the offender does not pay the penalty within ten days after being cited for a violation. Each violation is a separate and distinct offense, and each day of continued violation shall be considered a separate offense. The suspension or revocation of a license shall not prohibit the imposition of a criminal penalty or the assessment of a civil penalty and the imposition of a criminal penalty or the assessment of a civil penalty shall not prevent the suspension or revocation of a license.
(C) The Solid Waste and Recycling Division may issue any person who violates this chapter a citation giving notice of the violation(s) and the amount of the civil penalty imposed. Citations so issued shall be delivered or mailed by first class mail to the person violating this chapter. Delivery of the citation by first class mail shall be the method of delivery if the person violating the chapter cannot readily be served in person.
(D) The following civil penalties shall be assessed for each violation of this chapter:
Number of Prior Violations | Amount |
0 | $50 |
1 | $100 |
2 | $200 |
3 | $300 |
4 | $400 |
5 or more | $500 |
(E) Equitable remedies. In addition to the criminal and civil penalties provided for above, this chapter may be enforced by any of the equitable remedies provided for in G.S. § 153A-123.
(Ord. passed 11-21-2011)