The Administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this chapter.
(A) Civil penalties. Any person who violates any provisions of this chapter may be subject to assessment of the maximum civil penalty of up to $500 per violation.
(1) Civil citations. A civil citation shall be issued to any person(s) failing to take corrective action within the specific compliance period given by the Administrator after receiving written notice from the county’s Planning Department. Each day the violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each violation shall be subject to a civil penalty in the amount of $100 per day until the violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject themselves to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court.
(2) Citation content. A citation issues for a violation of this chapter shall, among other things:
(a) State upon its face the amount of the penalty for the specific violation if the penalty is paid within 15 days from and after issuance of the citation;
(b) Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court;
(c) Further provide that the offender may answer the citation by mailing the citation and the stated penalty to Post Office Box 65, Lillington North Carolina, 27546, or may pay the amount in person at the county’s Planning Department Office; and/or
(d) State that a citation following the original notice of violation shall be appealed to the Board of Adjustment.
(3) Settlement of civil claim. The county’s Planning Department is authorized to accept payment in full and final settlement of the claim(s), right or rights of action which the county may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
(4) Additional penalty. A penalty of $25, in addition to the one imposed for payment within 15 days, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 15 days period and in which a civil action shall have been instituted.
(B) Criminal prosecution. Violations of this chapter may constitute a misdemeanor or infraction penalty and is punishable as provided in G.S. § 14-4 and the maximum fine; term of imprisonment or infraction penalty allowed by law is hereby authorized.
(C) Injunction. Enforcement may also be achieved by injunction. When a violation occurs the county may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property.
(D) Order of abatement.
(1) The county may apply for, and the court may enter, an order of abatement. An order of abatement may direct:
(a) The buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other moveable property be removed;
(b) That improvements or repairs be made; or
(c) That any other action be taken that is necessary to bring property into compliance with this chapter.
(2) Whenever the party is cited for contempt by the court and the county executed the order of abatement the county shall have a lien, in the nature of a mechanic’s and material man’s on the property for the cost of executing the order of abatement.
(Ord. passed 10-17-2011; Ord. 2022-04, passed 2-21-2022)