(A) Any person who violates any provision of this chapter, which results in damage to or loss of town-owned plantings, shall be subject to a civil penalty assessed by the Town Manager, taking into consideration the amount that the violator would be required to spend to repair the damage, including replacement of the planting. Plant value may be determined by a competent appraiser at the request of the Manager. Notice of the violation shall be in accordance with § 97.13(A). Upon failure of the violator to appeal as set forth in § 97.13(B) or pay the assessed penalty within 30 days, an action in the nature of debt in the name of the town in the appropriate division of the general courts of justice may be instituted by the town for the recovery of the penalty. The violation subjects the offender to a civil penalty, pursuant to the authority granted by G.S. § 160A-175, and does not subject the offender to the penalty provisions of G.S. § 14-4.
(B) Violations related to any other provision of this chapter shall constitute a misdemeanor as provided by G.S. § 14-4.
(Ord. passed 8-9-1988)