(A) A violation of any section of this chapter by any person shall be a misdemeanor and shall subject the offender to a fine of up to $50 and/or imprisonment not to exceed 30 days. Each day of a continuing violation shall constitute a separate violation.
(B) In addition to or in lieu of remedies authorized in divisions (A) and (C) of this section, violations of this chapter may be prosecuted as a misdemeanor in accordance with G.S. § 160A-175.
(C) A property owner shall be liable for the cost of abating the nuisance or remedying the health or safety hazard created by a tenant for a third or subsequent violation of this chapter. A property owner shall be liable for the actual cost of abatement/remedy taking into account the cost of law enforcement personnel salaries, law enforcement equipment, administrative overhead, law enforcement record keeping, mailing and notification costs, and any other costs directly or indirectly attributable to the cost of abating the nuisance or remedying the health or safety hazard. In no case shall the cost assessed under this provision be less than $100 for the third violation by the tenant (initial assessment of property owner), or less than $75 for any subsequent assessment for the same-tenant violation. If costs assessed pursuant to this division (C) are not paid by the property owner within 30 days of receipt of a statement of costs from the city, the costs may be placed as a lien on the property where the hazard existed. However, any violation of a maximum sound level of 85 dBa under provisions of a permit to exceed shall subject the offender to immediate revocation of the permit and to a civil penalty in the amount of $200. Upon revocation of a permit, maximum sound levels shall be reduced to those otherwise permitted under this chapter.
(Ord. passed 1-5-2004)