(A) Criminal penalty. Any violation of this chapter or amendments thereto shall constitute a misdemeanor. Those convicted of such violations shall be punished as provided by G.S. § 14-4a. Each day that a violation continues shall be considered a separate violation and punishment assigned accordingly.
(B) Civil penalty. The owner of any land and any developer, builder, contractor, agent or other person who participates or acts in concert, assists, directs, creates or maintains any condition that is in violation of this chapter may be held responsible for the violation and subject to the civil penalties and remedies provided herein.
(1) Notice. No civil penalty shall be assessed until the person alleged to be in violation has been notified in accordance with § 156.35(B)(6)(a). If after receiving a notice of violation under § 156.35(B)(6)(a), the owner or other violator fails to take corrective action, a civil penalty may be imposed under this section in the form of a citation. The citation shall be served in the same manner as of a notice of violation. The citation shall state the nature of the violation, shall state the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 15 days of the date of the citation.
(2) Continuing violation. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalties.
(3) Penalties. Any person who violates any provision of this chapter shall be subject to an assessment of a civil penalty in accordance with the following schedule:
(a) First violation. The assessment of a first violation shall be construed to mean that a developer has violated one part of this chapter for the first time. The fine for the assessment of a first violation shall be $50;
(b) Second violation. The assessment of a second violation shall be construed to mean that a developer has violated two different parts of this chapter (and the second part shall be the second violation) or has violated the same part on a second occasion after corrective action had taken place for the first violation. The fine for the assessment of a second violation shall be $100;
(c) Third violation. The assessment of a third violation shall be construed to mean that a developer has violated three different parts of this chapter (and the third part shall be the third violation) or has violated the same part on a third occasion after corrective action had taken place for the previous second violation. The fine for the assessment of a third violation shall be $200; and
(d) Fourth violation. The assessment of a fourth violation shall be construed to mean that a developer has violated four different parts of this chapter (and the fourth part shall be the fourth violation) or has violated the same part on a fourth occasion after corrective action had taken place for the previous third violation. The fine for the assessment of a fourth violation shall be $500.
(Ord. passed - -2008)