(A) The violation of any provision of this chapter shall be a misdemeanor and any person convicted of the violation shall be punishable as provided in G.S. § 14-4 by imprisonment not to exceed 30 days or a fine not more than $500. Each day's violation of this chapter shall be a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this division (A) does not relieve a person of liability for taxes, fees or administrative penalties imposed pursuant to this chapter.
(B) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 153A-123(d) and (e), or any other applicable law.
(C) In addition to and not in lieu of the criminal penalties and other sanctions provided in this chapter, any person violating any of the provisions of this chapter shall be subject to a civil penalty for each violation which shall be paid in full within 24 hours of the service of the citation in accordance with G.S. § 153A-123.
(1) The civil penalties may be recovered by the county in a civil action in the nature of debt or may be collected in another manner as prescribed herein within the prescribed time following the issuance of notice for the violation.
(2) The notice shall, among other things:
(a) State upon its face the violation committed, the place and approximate date, and the amount of the penalty;
(b) Notify the offender that a failure to pay the penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty together with the cost of the action to be taxed by the court; and
(c) Further provide that the offender may answer the notice by mailing the notice, and stated penalty to the county government at a location designated upon the notice, and that upon payment, the case or claim and right of action by the county will be deemed compromised and settled.
(3) The County Manager or duly designated representative is authorized to accept payments in full and final settlement of the claim or claims, right or rights or action which the county may have to enforce the penalty by civil action in the nature of debt. Acceptance of the penalty shall be deemed a full and final release of any and all the claims, or rights of action arising out of the alleged violation or violations.
(4) The civil penalty for violation of this chapter shall be as follows:
(a) Littering: $50 per offense;
(b) Residential violation, including misuse of county solid waste facility and backyard dumping: $30 per offense;
(c) Use of the county solid waste facilities or littering by out of county offender: $75 per offense;
(d) Violations for commercial or industrial purposes: $100 per offense; and
(e) All repeat offenders: $100 per offense.
(5) The notice of violation referred to herein may be delivered to the person violating the provisions of this chapter in person, or may be mailed to the person at his or her last known address.
(6) All penalties paid to the county as well as those recovered in a civil action in the nature of debt as herein provided shall be paid into the School Fund of the county.
(D) Any solid waste collector of commercial, industrial or institutional waste who disposes waste containing a banned material shall be subject to the following penalty: a tipping fee of twice the then current tipping fee for entire contaminated load. Subsequent offenses shall be subject to tipping fees of three times the then current tipping fee for entire contaminated load.
(E) Any and all costs incurred by the county in the abatement of litter under the provisions of this chapter may constitute a lien against the property upon which the litter existed, which lien shall be filed with the Tax Administrator and collected in the same manner as provided for the collection of ad valorem taxes. The filing shall be notice to all persons from the time of its filing with the Tax Administrator and shall bear interest at the legal rate thereafter until satisfied. In addition, the violator shall be liable for restitution for abatement costs.
(F) The person or persons littering or dumping in violation of this chapter and the person or persons generating the litter or unauthorized material so dumped shall be liable, jointly and severable for all costs incurred by the county in the collection, removal and disposal of the litter or unauthorized material.
(Ord. passed 12-6-1993)