(a) Enforcement. The Town may enforce this chapter by any one (1) or a combination of the following methods, and the institution of an action under any of these methods shall not act as an election or remedies or relieve any party from any obligation prescribed for violations of this chapter. When a violation continues from day-to-day, a new violation occurs each day following service of the notice or order of the violation.
(1) Civil penalties. Any person who shall rent, or offer for rent, an RRD without first applying for and obtaining a permit as required herein or who shall rent, or offer for rent, an RRD permitted under this chapter in violation of this chapter shall be subject to a civil penalty as follows:
a. Fifty dollars ($50.00) for a first violation, and each continuing day of noncompliance following written notice thereof shall result in the assessment of an additional civil penalty of fifty dollars ($50.00) per day;
b. One hundred fifty dollars ($150.00) for a second violation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day;
c. Two hundred fifty dollars ($250.00) for a third and any subsequent violation, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred fifty dollars ($150.00) per day;
d. Five hundred dollars ($500.00) for a violation during a period of suspension or revocation of the permit, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of two hundred fifty dollars ($250.00) per day; and
e. Five hundred dollars ($500.00) against the owner of common property in a condominium, apartment, or townhouse development for each violation occurring on the common area of a dwelling subject to this chapter, and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of two hundred fifty dollars ($250.00) per day.
(2) After receiving written notice of a violation from the Town, any person other than an owner, including a duly appointed licensed rental agency employee, a service agent, or a tenant, who violates this chapter shall be subject to a civil penalty of one hundred dollars ($100.00) and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day. Thereafter, each and every subsequent single violation occurring on the same RRD shall be assessed a civil penalty of two hundred fifty dollars ($250.00) and each continuing day of noncompliance following notice thereof shall result in the assessment of an additional civil penalty of one hundred dollars ($100.00) per day.
(b) Equitable remedies. As authorized by the Town Council, the Town may apply to the courts for any appropriate equitable remedy to enforce the provisions of this chapter, including mandatory or prohibitory injunctions commanding the party to correct the unlawful condition or cease the unlawful use of the business.
(c) Revocation or suspension of rental occupancy permit.
(1) For each dwelling where a second violation of this chapter occurs within one (1) year of the most recent violation of this chapter, the Department of Inspections shall issue an order suspending the residential rental occupancy permit for a period of up to three (3) months, or when no permit had been issued to the dwelling, making the RRD ineligible for a permit for a period of up to three (3) months.
(2) For each dwelling where a third violation of this chapter occurs within two (2) years of the most recent violation of this chapter, the Department of Inspections shall issue an order revoking every residential rental occupancy permit issued to, or held in the name of the owner of the dwelling where the violation occurred, for a period of up to two (2) years, and making the owner ineligible to hold a residential rental occupancy permit for a period of up to two (2) years.
(3) Twenty (20) days following service on the permittee of a written notice by the Inspections Director which describes the nature of any violation, the Inspections Director may revoke a permit if it is determined that the permittee has violated any provision of this chapter and other means of enforcement have failed to deter the permittee from operating in violation of this chapter.
(d) Probationary status. Following a determination that a permittee under this chapter has violated the provisions of this chapter, the permittee shall be sent a notice that the permit is on a probationary status and will be suspended or revoked if the permittee commits further violations as set forth herein.
(e) Reinstatement. The Code Enforcement Officer shall reinstate a residential rental occupancy permit when the owner requesting reinstatement has paid all outstanding fees and civil penalties for the dwelling and the owner has no pending appeals of any notices or orders and:
(1) Within ten (10) working days of the service of the order, the owner obtains approval from the Code Enforcement Officer of a management plan for the dwelling to achieve full compliance with the standards herein as promptly as feasible and, in no event, in more than thirty (30) days, or such time as the Code Enforcement Officer finds reasonable; or
(2) Within ten (10) working days of the service of the order, the owner by power of attorney appoints a licensed rental agency to manage the property for the two-year period following the approval, which agency agrees to remedy any existing violation of the Code as promptly as feasible and, in no event, in more than thirty (30) days, or such time as the Code Enforcement Officer finds reasonable; or
(3) Within ten (10) days of the service of the order, a new owner of the RRD, who is not a prior owner, not related by marriage or within the fifth degree of kinship to the seller, and is not a business affiliate of the prior owner, submits an affidavit so attesting along with proof of title transfer, pays all outstanding fees and civil penalties, and shows the Code Enforcement Officer that the dwelling complies with the standards.
(f) No criminal act. Any person violating any of the provisions of this chapter shall be subject to the civil penalties and permit revocations set forth. No violation of this chapter shall be deemed a criminal violation and a violation shall not be a misdemeanor or infraction pursuant to G.S. 14-4.
(Ord. No. 08-04-07-001, § 6, 4-7-08; Ord. No. 14-02-19-002, § 3, 2-19-14; Ord. No. 17-02-06-002, § 1, 2-6-17)