(a) Unless otherwise specifically provided, violation of any provision of this Code or any other county ordinance shall subject the offender to a civil penalty of $500.00; except, that where the General Statutes of North Carolina provide specific remedies for violations of provisions of this Code adopted pursuant to such statutes, such remedies available to the county for enforcement of this Code shall be in addition to the remedies stated in this section. No criminal penalties shall be applicable unless stated in this Code as being applicable to specific chapters, sections, or provisions of this Code.
(b) Unless otherwise specifically provided, violation of any provision of the North Carolina Building Code pertaining to fire safety or fire prevention and subject to county jurisdiction shall subject the offender to a civil penalty of up to $250.00; except, that where the G.S. of North Carolina provide specific remedies for violations of provisions of this Code adopted pursuant to such statutes, such remedies available to the county for enforcement of this Code shall be in addition to the remedies stated in this section. No criminal penalties shall be applicable unless stated in this Code as being applicable to specific chapters, sections, or provisions of this Code.
(c) Any failure to pay any civil penalty imposed within this Code is a misdemeanor under G.S. 14-4 and punishable by a fine of $500.00 or 30 days in jail, or both.
(d) In addition to any civil or criminal penalties set out in this section, any provision of this Code or any other county ordinance 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 county for equitable relief that there is an adequate remedy at law.
(e) In addition to any civil or criminal penalties set out in this section, any provision of this Code or any other county ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement; and the general court of justice shall have jurisdiction to issue such orders. When a violation of such a provision occurs, the county may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and 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.
(f) In addition to any civil or criminal remedies set out in this section the county, in its sole discretion, may seek, as an alternative and/or additional relief the recovery of its actual investigative cost where:
(1) The person responsible for the violation has received at least one notice of violation or citation prior to the enforcement action in which investigative cost are being sought;
(2) Those administrative costs are determined to be greater than $250.00.
In the event a violation of this Code of Ordinances is determined to exist by a court of competent jurisdiction, the person subject to the enforcement action taken by the county shall be liable for the county's reasonable attorney's fees in accordance with North Carolina law.
(g) The provisions of this Code and any other county ordinances may be enforced by one, all or a combination of the remedies authorized and prescribed by this section; except that any provision the violation of which incurs a civil penalty shall not be enforced by criminal penalties except as outlined in subsection (c) of this section.
(h) Except as otherwise specifically provided, each day's continuing violation of any provision of this Code or any other county ordinance shall be a separate and distinct offense.
(i) Upon determination of a violation of any section of this Code for which no penalty is specified, the penalty for which is a civil penalty under this section, the county may cause a warning citation to be issued to the violator, setting out the nature of the violation, the section violated, the date of the violation and an order to immediately cease the violation or, if the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, stating a reasonable period of time in which the violation must be abated. The warning citation may specify that a second citation may incur a civil penalty.
(j) Upon failure of the violator to obey the warning citation pursuant to subsection (i) of this section, a civil citation may be issued by the appropriate official of the county and either served directly on the violator or his duly designated agent, or registered agent if a corporation, 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 warning citation. If the violator fails to respond to a citation within the period set out in the citation, the county may institute a civil action in the nature of a debt pursuant to subsection (a) of this section.
(Amend. of 10-13-2003, § 1; Amend. of 6-2-2008(1); Amend. of 12-6-2021)
State law reference—Similar provisions, G.S. 160A-175; penalty for violation of county ordinances, G.S. 14-4; enforcement of ordinances, G.S. 153A-123.