(A) In accordance with G.S. § 160A-175, violation of any provision hereof shall be subject to a civil penalty as set out in division (B). Said penalty must be paid within 48 hours of receipt of official notice of said violation. Once official notice of a violation has been received, each day's continuing violation shall constitute a separate and distinct offense. Failure to pay the civil penalty as set forth herein may result in a civil action in the nature of a debt being filed by the Town to recover the penalty, costs of court and attorney's fees. The assessment of a civil penalty shall be in addition to the Town's authority to enforce the Code of Ordinances by injunction or order of abatement pursuant to G.S. § 160A-175(e). Further, in the event of a violation of an ordinance providing for a higher penalty than set out in subsection (B) the higher penalty shall apply and shall be enforceable as set out herein.
(B) Upon receiving a First Notice of Violation, the violator shall have five business days from receipt of said notice to correct the noticed violation. If the violation is corrected within the prescribed time, no penalty shall be assessed. Failure to correct the violation within the prescribed time pursuant to a First Notice shall result in the issuance of a Second Notice of Violation and the assessment of a penalty in the amount of $50 for each day the violation remains uncorrected up to a maximum of five days. Failure to correct the violation within five days after receiving a Second Notice shall result in the issuance of a Third Notice of Violation and the assessment of a penalty in the amount of $75 for each day the violation remains uncorrected up to a maximum of five days. Failure to correct a violation within five days from receipt of a Third Notice of Violation shall result in the issuance of a Fourth Notice of Violation and the assessment of a penalty in the amount of $100 for each day that the violation remains uncorrected.
(C) The imposition of a civil penalty under this section shall not prevent the revocation or suspension of any license, franchise or permit issued or granted and failure to pay any penalty assessed shall be grounds for the revocation or suspension of any license, franchise or permit issued by the Town. Any ordinance of the Town may be enforced by an appropriate legal remedy issuing from a competent jurisdiction and it shall not be a defense to the application of the Town for equitable relief that there is an adequate remedy at law.
(D) Whenever in this code or any ordinance of the Town any act is made or declared to be a misdemeanor and no specific penalty is provided therefor, the violation of any such provision of this code or other ordinance shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both. Each day that any violation shall continue shall constitute a separate offense.
(Ord. 98-05-01, passed 5-18-98)
Statutory reference:
Authorizing statute for the enforcement of ordinances, see G.S. § 160A-175
General penalty for violating municipal ordinances, see G.S. § 14-4