(A) An act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty of $100, which includes administrative fees. Each day any single violation continues shall be a separate violation. A violation of this chapter shall not constitute a misdemeanor pursuant to G.S. § 14-4. If the offender fails to correct this violation by the prescribed deadline after being notified of said violation, the penalty may be recovered in a civil action in the nature of a debt.
(B) In addition to the civil penalties set out above, any provision of this chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(C) In addition to the civil penalties set out above, the provisions of this chapter may be enforced by injunction and order of abatement by the General Court of Justice. When a violation of these provisions occurs, the town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65, in particular.
(D) Upon failure of the violator to obey the notice of violation/warning citation, a notice of civil citation may be issued by the enforcement official, either served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the county or obtained from the violator at the time of issuance of the notice of violation/warning citation. The violator shall be deemed to have been served upon the mailing of said notice of civil citation. The notice of civil citation shall direct the violator to appear in person at the town hall to pay the penalty within 15 days of the date of the civil citation, or alternatively to pay the citation by mail. The violation for which the penalty is issued must have been corrected by the time the penalty is paid, otherwise further penalties shall accrue. Penalties accrue from the date initially imposed in the notice of civil citation and will continue without further notice, for each day the offense continues, until the prohibited activity is corrected, ceased, or abated. The Town may institute a civil action in the North Carolina General Court of Justice for the collection of the penalty, attorney fees, interest, court costs, and other such relief as permitted by law.
(Ord. 23-228, passed 3-21-2023)