§ 151.99  PENALTY.
   (A)   (1)   It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or fail to vacate and close and remove or demolish the same, upon order of the City Manager or his or her designee duly made and served as herein provided, within the time specified in such order, and each day that such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling unit, with respect to which an order has been issued pursuant to this chapter, to occupy or permit the occupancy of same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
      (2)   It shall be unlawful for an owner of any dwelling unit, dwelling or rooming unit leased for consideration to fail to obtain a license as required in this chapter.
      (3)   The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. § 14-4, and shall subject the violator to a minimum fine of $250 and a maximum fine of $500, or imprisonment for not more than 30 days. The owner/operator of any dwelling unit, dwelling or rooming unit that is subject to its initial inspection following the adoption of this chapter who may be in violation of any provision in this chapter shall not be liable for the fine referenced above for any such violation so long as, within 30 days of notice of violation of this chapter, he or she obtains the required license and pays a fee equivalent to twice the otherwise applicable fee for the license. He or she shall not be subject to additional penalties for failure to obtain the required license. However, if the required license is not obtained before the expiration of this 30-day time period, the owner/operator shall be subject to the other penalties and fines as provided by this chapter.
      (4)   The violation of any provision of this chapter shall also subject the offender to a civil penalty of $50. Each day that any violation continues shall constitute a separate violation and a separate offense for the purposes of imposition of penalties. In addition to the penalties and other remedies provided, the City Manager may institute any appropriate action or proceedings to prevent, restrain, correct or abate a violation of this chapter.
(2005 Code, § 10-121)
   (B)   It shall be unlawful for any person, firm, corporation or other entity to knowingly allow another person to occupy any dwelling, dwelling unit, roominghouse, rooming unit or portion thereof, that is a substandard dwelling, as defined by § 151.08 of this chapter. A violation of this section is a misdemeanor and is punishable as set forth in division (A) above.
(2005 Code, § 10-126)
(Ord. passed 9-12-2005)