(A) Any 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 as follows:
(1) In the amount of $50 for each offense on the first day of such offense; and
(2) In the amount of $100 for each offense either (i) on the second day of such offense or (ii) when the offense is a second offense within a 12-month period; and
(3) In the amount of $250 for each offense either (i) on the third day and on each subsequent day of such offense or (ii) when the offense is the third or subsequent offense within a 12-month period.
(B) Violators shall be issued a written citation which must be paid within ten days. If a person fails to pay the civil penalty within ten days, the city may recover the penalty, together with all costs and reasonable attorneys’ fees, by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(C) This chapter may also be enforced by any appropriate equitable action.
(D) Where a violation continues after the tenth day that a citation is issued and every tenth day thereafter that any violation continues shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Notwithstanding the foregoing, the escalating civil penalties authorized by subsection (A) may be invoked whenever the violation continues and there has been sufficient time for the violation to be corrected after notification that such violation exists or whenever the violation has occurred previously during a 12-month period.
(E) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(F) Any violations of the provisions of this chapter shall be deemed a non-criminal violation and shall not be a misdemeanor or infraction pursuant to G.S. 14-4.
(Ord. No. 09-98, § 1, passed 12-10-2009; Ord. No. 13-021, § 3, passed 5-9-2013)