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(A) If the Board of Commissioners shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(Prior Code, § 10.17)
(A) As histories for the code sections, the specific number and passage date of the original ordinance and any amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If a G.S. cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example: (G.S. § 153A-114) (Ord. 10, passed 1-17-1980; Am. Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 31.10 COUNTY ATTORNEY.
The Office of County Attorney is hereby established.
Statutory reference:
County Attorney by Board of Commissioners, see G.S. § 153A-114
(Prior Code, § 10.18)
(A) All ordinances passed subsequent to this code, which amend, repeal or in any way affect any section or subsection of this code, shall be numbered consecutively but shall refer specifically to the section or subsection affected and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, the repealed portions shall be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of the subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code by the Board of Commissioners.
(B) Amendments of any of the provisions of this code shall be made by amending the provisions by specific reference to the section number of this code in the following manner: “That section of the Dare County Code is hereby amended to read as follows: .” The new provisions shall be then set out in full.
(C) In the event a new section not heretofore existing in the code is to be added, the following language shall be used: “That the Dare County Code is hereby amended by adding a new section to be numbered section , which said section shall read as follows: .” The new section shall then be set out in full.
(D) All sections, subchapters, chapters or provisions desired to be repealed shall be specifically repealed by section, subchapter or chapter number in the following language: “That section, chapter or article of the Dare County Code is hereby repealed.”
(Prior Code, § 10.19)
(A) Unless otherwise specifically provided, violation of any provision of this code or any other county ordinance shall be a misdemeanor, as provided by G.S. § 14-4.
(B) Any provision of this code or any other county 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 county for equitable relief that there is an adequate remedy at law.
(C) (1) Any provision of this code or any other county ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue the orders. When a violation of such a provision occurs, the county may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct this 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.
(2) In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. 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 improvements or repairs be made or that any other action be taken that is necessary to bring the property into compliance with this code or such 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 county may execute the order of abatement. The county shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic’s and material person’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 filed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(D) The provisions of this code and any other county ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by this section.
(E) Except as otherwise specifically provided, each day’s continuing violation of any provision of this code or any other county ordinance shall be a separate and distinct offense.
(Prior Code, § 10.99)
(F) In accordance with G.S. § 153A-123, and unless this code provides otherwise, violation of any provision hereof shall be a Class 3 misdemeanor as provided in G.S. § 14-4, punishable upon conviction by a fine not exceeding $50 or by imprisonment not exceeding 30 days. An ordinance may provide by express statement that the maximum fine or term of imprisonment imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S.§ 14-4.
(G) As authorized by G.S. § 153A-123, the violation of the provisions of this code shall subject the person or entity violating such provisions to a civil penalty of $50 per day for each of the first 15 days such violations continues after written notice of the violation from the County has been issued, $100 per day for the sixteenth through the thirtieth day such violation continues after the initial written notice from the County and $500 or the maximum amount authorized under the provisions of the North Carolina General Statutes, whichever is greater for each day after 30 days that such violation continues after initial written notice from the County.
(H) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure or land is used in violation of this chapter, the County, in addition to other remedies may institute appropriate action or proceedings to prevent the unlawful action or use to restrain, correct or abate any violation and to prevent the occupancy of the building, structure, or land or prevent any illegal use of the building, structure, or land.
(I) The imposition and collection of the foregoing civil penalties shall be in addition to all other remedies available to the County at law or in equity, authorized under the provisions of the North Carolina General Statutes, including by not limited to, the suspensions of licenses and permits and actions to abate, enjoin, or otherwise remedy violations of this Code and all such remedies shall be cumulative. The imposition of civil penalties or the use of other civil remedy available to the County shall be in addition to, and not exclusive of, any criminal proceeding and/or penalties available and/or imposed for the violation of this Code.