(A) It shall be unlawful for the owner of any nonresidential building or structure to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the Enforcement Officer duly made and served in accordance with the provisions of this article, within the time specified in the order, and each day that any such failure, neglect, or refusal to comply with the order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any nonresidential building or structure, with respect to which an order has been issued pursuant to section 9-1-129(C) of this article, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration, improvement, or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(B) Penalties. A violation of this article may subject the violator to any or all of the following penalties:
(1) Criminal. The violation of any provisions of this article shall constitute a class 1 misdemeanor, as provided by G.S. 160D-1124.
(2) Civil.
(a) A violation of any of the provisions of this of this article shall subject the violator to a civil penalty by way of a civil ticket in an amount as follows:
1. First violation. A violation of an order issued by the Enforcement officer shall subject the violator to a civil penalty of $100.
2. Second violation within 365 days of the first violation. A second violation of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $250.
3. Third and subsequent violations within 365 days of the first violation. A third violation and any subsequent violations of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $500 per violation.
(b) Appeals; payment of civil penalty. Unless appealed in accordance with Part II, Title 1, Chapter 1, Section 20 of the City Code, a civil penalty assessed for a violation of any provision of this section must be paid to and received by the revenue division of the city's Financial Services Department within five business days from the date of issuance.
(c) Methods of recovery of unpaid civil penalty. Unless appealed in accordance with the appeal provisions of this chapter, if full payment for an assessed civil penalty is not timely received by the revenue division of the city's Financial Services Department, the city may recover the unpaid civil penalty by any or all of the following methods:
1. A civil action in the nature of a debt.
2. The use of a collections agency and the assessment of an administrative fee.
3. The use of the provisions of Chapter 105 A (The Setoff Debt Collection Act) and G.S. § 18C-134.
4. Equitable remedies issued by a court of competent jurisdiction.
5. Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.
(3) Separate offenses. Each day's continuing violation shall be a separate and distinct offense.
(Ord. No. 09-07, passed 1-8-2009; Ord. No. 23-048, § 13, passed 6-8-2023)