(A) Administration.
(1) Violation of any city ordinance shall constitute a civil violation and may subject the offender to any and all of the civil remedies listed in this section, including but not limited to civil penalties.
(2) Additionally, violations of ordinances may subject the offender to criminal prosecution including but not limited to being charged with a Class 3 misdemeanor and a criminal fine of not more than $500, if and only if the ordinance specifies that said ordinance may be enforced by misdemeanor citation.
(3) Notwithstanding the foregoing, a violation of an ordinance regulating the operation or parking of vehicles may be charged as an infraction and may subject the offender to a criminal penalty of not more than $50, if and only if the ordinance specifies that said ordinance may be enforced by infraction and criminal penalty.
(4) If a civil penalty is levied and not paid to the city within 30 days of the issuance of a citation, may be recovered by the city in a civil action in the nature of debt. Unless otherwise provided by a specific provision of any city ordinance, said civil penalties shall be in the amount of $50 for each violation and each day any single violation continues shall be a separate violation.
(5) In addition to the civil penalties set out above, any provision of any city ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the city for equitable relief that there is an adequate remedy at law.
(6) In addition to the civil penalties set out above, any provision of any city ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement by the General Court of Justice. When a violation of such a provision occurs, the city may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
(7) An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that abandoned or junked vehicles be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the applicable city ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt, and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judicial order. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(8) The provisions of any city ordinance may be enforced by one, all, or a combination of the remedies authorized and prescribed by this section.
(9) Any ordinances hereafter adopted by the Board of Commissioners of the city, the violation of which shall incur a penalty, shall specify whether the enforcement shall be pursuant to the civil penalty and/or criminal penalty provisions of this section.
(B) Process and notice of violation.
(1) Upon determination of a violation of any section of any city ordinance, the penalty for which is a civil penalty, the enforcement official of the city shall cause a warning citation to be issued to the violator, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the county. Such warning citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated in which the violation must be abated. The warning citation shall either include a levy of civil penalties or specify that a second citation shall incur a civil penalty, together with costs, and attorney fees.
(2) A person shall have 30 days from receipt of the written notice within which to file an appeal with the board of adjustment. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the decision within which to file an appeal with the board of adjustment. The board of adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made. The board shall have all the powers of the official who made the decision.
(3) Where the enforcement official of the city determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the enforcement official may amend the warning citation to provide for additional time.
(4) Upon failure of the violator to obey the warning citation, a civil citation may be issued by the enforcement official, either served directly on the violator, his or her duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the county or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to appear before the City Manager of the city, or designee, within 15 days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid, otherwise further citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
(5) If the violator fails to respond to a citation within 30 days of its issuance, and pay the penalty prescribed therein, the city may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty, costs, attorney fees, and such other relief as permitted by law.
(Am. Ord. 2010-O-15, passed 12-14-10; Am. Ord. 2015-O-09, passed 6-15-15; Am. Ord. 2017-O-03, passed 2-21-17; Am. Ord. 2022-O-01, passed 3-1-22)
Statutory reference:
Enforcement of ordinances, see G.S. §§ 14-4 and 160A-175