(A) Violation of any provision of this chapter shall be a misdemeanor as provided by G.S. § 14-4.
(2005 Code, § 50-42)
(B) (1) Any violation of § 131.04 of this chapter shall subject the offender to a civil penalty in the amount of $100 for first offense; $250 for second offense; $500 for third offense; $750 for fourth offense; and $1,000 for fifth and any subsequent offense within the same 12-month period as the first offense.
(2) Each day’s continuing violation shall be a separate and distinct offense.
(3) Notwithstanding division (B)(1) above, provisions of this section may be enforced through equitable remedies issued by a court of competent jurisdiction.
(4) In addition to or in lieu of remedies authorized in divisions (B)(1) through (B)(3) above, violations of § 131.04 of this chapter may be prosecuted as a misdemeanor in accordance with G.S. § 160A-175.
(5) A property owner shall be liable for the cost of abating the nuisance or remedying the health or safety hazard created by a tenant for a third or subsequent violation of § 131.04 of this chapter, as specified in § 131.04 of this chapter. A property owner shall be liable for the actual cost of abatement/remedy taking into account the cost of law enforcement personnel salaries, law enforcement equipment, administrative overhead, law enforcement recordkeeping, mailing and notification costs and other costs directly or indirectly attributable to the cost of abating the nuisance or remedying the health or safety hazard. In no case shall the cost assessed under this provision be less than $100 for the third violation by the tenant (initial assessment of property owner), or less than $75 for any subsequent assessment for the same-tenant violation. If costs assessed pursuant to this division (B) are not paid by the property owner within 30 days of receipt of a statement of costs from the city, the cost may be placed as a lien on the property the hazard existed. However, any violation of a maximum sound level of 85 dBA under provisions of a permit to exceed shall subject the offender to immediate revocation of the permit and to a civil penalty in the amount of $200. Upon revocation of a permit, maximum sound levels shall be reduced to those otherwise permitted under this section.
(2005 Code, § 50-36)
(Ord. passed 1-8-1996; Ord. passed 6-2-1997; Ord. 0931, passed 3-9-2009)