(A) If any structure is constructed, altered, repaired, converted, or maintained; or any structure or land is used in violation of this chapter; or if this chapter is otherwise in any respect violated, the Planning Director shall first send a written warning citation by registered mail, certified mail, first class mail, or personal delivery to the person responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it. Following 30 days with no correction of the violation, the Planning Director shall notify the County Attorney and with the written approval of the County Attorney may institute any appropriate action or proceeding either of a civil or criminal nature to prevent or restrain such unlawful construction, alteration, repair, conversion, maintenance, use, or other violation, or impose any penalty permitted by law.
(B) (1) The following civil penalties are established for violations under this section:
Warning Citation | Correct Violation Within 30 Days |
First citation | $50 |
Second citation for same offense | $100 |
Third and sequential citations for same offense | $100 |
(2) Each day such violation continues, however, shall be a separate and distinct offense, punishable as herein before provided.
(3) These civil penalties are in addition to any other penalties that may be imposed by a court of law from violation of the provisions of this chapter.
(C) The provisions of this chapter shall be enforceable as follows:
(1) Any violation of this chapter shall constitute a misdemeanor as provided by G.S. § 14-4 and be subject to the punishment therein provided.
(2) This chapter may be enforced by any appropriate equitable remedy provided in G.S. § 153A-123(d) and (e), including the entering of appropriate function relief and orders of abatement as therein provided.
(3) In addition to the foregoing enforcement measures, this chapter may be enforced by any appropriate remedy authorized under the laws of the state.
(D) Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.
(1996 Code, § 155.999) (Ord. passed 5-21-1984; Ord. passed 7-6-2009)