(A) (1) The Code Enforcement Officer or Public Works Director shall notify the property owner and tenant where applicable by first class mail of the conditions in violation of Town ordinances and shall order abatement thereof within five days following the date of the notice of violation.
(2) When the property owner and/or tenant has failed to comply with a notice of violation as described above, the Code Enforcement Officer or Public Works Director shall not be required to provide further notice of violation to that person with regard to the same property before taking any enforcement action.
(B) Any person, including, but not limited to, any firm, organization, private corporation or governing body, agents or employees of any municipal corporation- including tenants of real property- who violates this chapter shall be subject to a civil penalty in the amount of $50 after the given time to correct expires.
(1) 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, shall constitute a separate offense once the time to correct has expired.
(2) The violator shall contact Town Hall or Public Works for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties.
(3) Civil penalties 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.
(C) A town agent or employee may enter upon the premises and perform any work that may be necessary to bring the property into compliance with this section and the town shall charge the cost thereof against the premises upon which the work was performed.
(1) The costs of any work performed under this section shall constitute a lien against the premises upon which the work was 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).
(2) Chronic violators. The town shall notify any chronic violator of this section to whom a current violation notice has been provided that, pursuant to G.S. § 160A-200.1, the town shall take action to remedy the violation without further notice and the expense of the action shall become a lien on the property and shall be collected as unpaid taxes. For the purposes of this section, a CHRONIC VIOLATOR is a person who owns property whereupon, in the course of the then current year, the town has provided the property owner notice of violation of any provision of this section at least two previous times.
(3) If the town or any person sustains damages arising out of a violation of this section, a court in a civil action may order the person to pay the town or the injured party up to three times the actual damages or $200 whichever is greater. In addition, the court shall order the person to pay the town's or the injured party's court costs and attorney's fees.
(D) This chapter may also be enforced by any appropriate equitable action, including but not limited to injunctions or orders of abatement.
(E) The town may enforce this chapter by any one or any combination of the foregoing remedies.
(F) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to G.S. § 14-4.
(Ord. passed 9-10-2019)