(A)
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Failure to obtain a permit prior to moving a building or failure to comply with any other requirements of §§ 94.070 through 94.079 shall result in a civil penalty being imposed on the responsible party in the amount of $500. In addition, the Town Clerk or his/her designee may refuse to issue any further house moving permits to the house mover and to the house mover's business until all appropriate penalties have been paid and all provisions of this chapter have been complied with. If a person fails to pay this civil penalty within ten days after being cited for a violation, the town may seek to recover this penalty by filing a civil action in the nature of a debt.
(2) Violations of the above mentioned sections shall not be considered a misdemeanor pursuant to G.S. § 14-4.
(3) The town may seek any appropriate equitable remedy from a court of competent jurisdiction to ensure compliance with above mentioned sections, including but not limited to an injunction or order to abate the violation.
(C) (1) Any person, firm or corporation including but not limited to property owners and/or tenants violating provisions §§ 94.024, 94.036, or 94.090, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $50 after the given time to correct expires, or after the first five calendar days following the notice of violation where not otherwise specified.
(2) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in division (A), shall constitute a separate offense once the time to correct has expired.
(3) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a final invoice is mailed.
(4) (a) A town agent or employee may perform any work that may be necessary to abate violations of this section, including but not limited to entering on private property and the removal and disposal of belongings, structures, or debris fully or partially contained within the right-of-way or on a sidewalk. The town shall charge the cost thereof against the premises upon which the violation originated and/or is present.
(b) The costs of any work performed under this section shall constitute a lien against the premises requiring work to be performed and may be collected in the same manner as taxes upon real property. The term COST as used in this section shall include interest at the rate of 8% per annum until the lien is paid. Interest does not accrue until a bill for the cost becomes overdue (Senate Bill 181, 1999).
(5) This section may also be enforced by any appropriate equitable action, including but not limited to injunctions or orders of abatement.
(6) The Town may enforce this chapter by any one or any combination of the foregoing remedies.
(7) Violations of the above mentioned sections shall not be considered a misdemeanor pursuant to G.S. § 14-4.
(Ord. passed 9-10-2019)