(a) Criminal penalties. Any violation of any provision of this chapter shall constitute a misdemeanor and shall subject the violator to a penalty of $500.00 or imprisonment for not more than 30 days. Any act constituting a violation of this chapter shall also subject the offender to a civil penalty of $100.00. If the offender fails to pay the penalty within ten days of receiving final written notice of a violation, the penalty may be recovered by the county in a civil action in the nature of a debt. A civil penalty may not be appealed to the board of adjustment if the offender received a final written notice of violation and did not appeal to the board of adjustment within 45 days of the receipt of the written notice. Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified in this section. The county may hold or revoke the issuance of any county permit for land or structures upon which a violation has occurred or one otherwise impacted by a violation. For any building or structure which requires or has received a certificate of occupancy, and is being maintained in violation, or is directly impacted by a violation of this chapter, such violation is deemed to be an applicable ordinance pursuant to section 309.1 of the state building code and no certificate of occupancy may be issued until the violation is corrected.
(b) Civil penalties. The county zoning enforcement officer, and any planning department employee designated as having authority to assess civil penalties under this chapter are hereby empowered to issue civil citations upon the observance of a violation of this chapter. The minimum civil penalties for violation of this chapter shall be as follows:
(1) Restitution of damages. The county may seek restitution of damages or extra expenses including the cost of clean up, resulting from any violation of this chapter. The minimum charge for clean up will be $25.00. Actual charges will be determined by the planning director or authorized personnel.
(2) Monetary penalties. The minimum civil penalties for violation of this chapter shall be as follows:
First offense | $100.00 |
Second offense | $300.00 |
Subsequent offenses | $500.00 |
(c) 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 $500.00.
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.
(Ord. of 7-10-2000, § 14.4; Ord. of 11-13-2000, § 14.4; Amend. of 10-13-2003, § 2)