(A) Civil penalties. As permitted by G.S. § 153A-123(c), such civil penalty may be recovered by Davidson County in a civil action in the nature of debt if the offender does not pay the civil penalty any later than 30 business days after assessment of the civil penalty. The correction of a violation does not cancel or relieve the violator of any civil penalty assessed.
(B) Equitable remedies. As authorized by G.S § 153A- 123(d), Davidson County may enforce this chapter by seeking any appropriate equitable remedy in the appropriate division of the General Court of Justice of Davidson County. It shall not be a defense to any action or application for equitable relief that there is an adequate remedy at law.
(C) Injunctive relief. As authorized by G.S. § 153A-123(e), Davidson County may enforce this chapter through an action in the appropriate division of the General Court of Justice in Davidson County to restrain any violation of this chapter and to compel compliance with any provision of this chapter. Davidson County may seek a mandatory or prohibitory injunction and an abatement order commanding the violator to correct the unlawful condition or cease the unlawful use of the property. In any such action, Davidson County may seek an order to direct that any building or other structure on the property which causes or contributes to or is used in any violation of this chapter be closed, demolished or removed; that fixtures, furniture, or other movable property that causes or contributes or facilitates a violation be removed from buildings on the property; and that any other action necessary to allow the property to be used in conformity with this chapter be taken. Davidson County may seek a citation for contempt of court against a person who refuses to comply with a court order to cease or abate a use in violation of this chapter. Upon execution of the contempt citation, Davidson County shall have a mechanic’s and materialman’s lien upon the property where the violation exists. Such lien shall be for the costs to Davidson County in executing the contempt citation. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the abatement order. In an appropriate case, Davidson County may seek from a court a temporary restraining order and preliminary injunction against violations of this chapter pending a final hearing on the merits.
(D) Remedies not exclusive. This chapter may be enforced by one or more of the remedies provided in this section and this chapter. Such remedies shall be deemed non-exclusive and may be sought for the same violation of this chapter. This chapter shall not be construed to preclude any remedy provided by law to a private person, nor the enforcement of any other applicable law, rule, or regulation by any governmental entity or agency authorized, permitted, or directed to enforce such law, rule, or regulation. The use of any remedy herein shall not excuse or relieve a person against whom such remedy is sought of any duty to correct or abate any violation.
(Ord. passed 6-22-21)