(A) Davidson County may exercise remedies for violation of any provision of this chapter as allowed and authorized by G.S. § 153A-123 provides that violation of a county ordinance is a misdemeanor, that the county may levy a civil penalty for violations, and that the ordinance may be enforced by equitable remedies such as injunction or by criminal process as any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor as described in G.S. § 14-4 or may be prosecuted pursuant to G.S. § 14 -399 if applicable. Under G.S. § 14-4, each day’s continuing violation shall be a separate and distinct offense.)
(B) A citation may be issued to any person if there is probable cause to believe that the person has violated any provision of this chapter. Citations so issued may be served upon the violator in person by the Solid Waste Enforcement Officer or mailed to the person by certified mail if the person cannot be readily found. Any citation so served or mailed shall direct the violator to make payment of the fine on or before a specified day and hour to the Davidson County Planning Department and to present evidence of the remedy of any violation of this chapter within a period of not less than 72 hours after service or delivery to the violator to the Davidson County Planning Department. If served by certified mail, the violator shall have six days after the return receipt date to respond to the citation. Appeals from any citation or order may be addressed in writing to the Planning Director within the above mentioned time frames.
(C) If the violator does not respond to the citation, the Solid Waste Enforcement Officer shall forthwith proceed with enforcement remedies as described in G.S. § 153A-123 or criminal sanctions as described in G.S. § 14-4 or § 14-399 against the person.
(D) A warning may be issued by the Solid Waste Enforcement Officer without fine when the officer is of the opinion that a violation of this chapter may be remedied without the necessity of prosecution; however, a warning citation may not be issued in the case where public health and/or safety are endangered.
(E) (1) Civil penalties for any violation of this chapter are as follows:
(a) First offense: $75;
(b) Second offense: $200; and
(c) Third offense: $300.
(2) A citation may be issued for multiple violations and the violator assessed the sum of the penalties for each offense.
(F) A civil penalty of $500 may be assessed for a flagrant and willful violation. A violation may constitute grounds for the Solid Waste Enforcement Officer to seek injunctive relief.
(Ord. passed 6-26-01; Ord. passed 2-25-14)