The town shall issue civil citation and penalties for any violation of this ordinance. Civil citations and penalties shall be paid according to the following procedure:
A. The Administrator shall issue a warning citation in writing, by personal delivery or by registered or certified mail, to the person responsible for any violation, indicating the nature of the violation and ordering the action necessary to correct it. This notification shall also include possible penalties and/or legal actions, deadlines for correction or appeal, and method of appeal.
B. If the violation has not been corrected (or an extension has not been granted by the Administrator), and no appeal has been made to the Board of Adjustment within ten days of the date of the notification, the Administrator shall issue subsequent civil citations and penalties according to the schedule outlined below:
1. CIVIL CITATION AND PENALTY SCHEDULE | |
Citation | Penalty |
Warning Citation | N/A |
Official Citation | $25 |
Second Citation | $100 |
Third Citation | $250 |
Fourth & Subsequent Citations | $500 |
2. All violations must be corrected within ten days of issuance of the citation.
3. Any required civil penalty must be paid in-full within ten days issuance of the citation.
C. Any violation(s) that is corrected but subsequently reestablished within a period of 180 days from the date of correction shall be considered a continuation of the violation and the Administrator shall issue the citation at the next penalty level.
D. If the penalty is not paid timely, the town may pursue legal action to enforce its rights hereunder in including, but not limited to, the placement of a lien on the property subject to the penalty. Further, in the event legal action shall be taken by the town, the town shall be entitled to reasonably attorney's fees, costs and expenses.
E. In addition to, and without waiving, other relief that may be sought contemporaneously therewith or in a subsequent action, the town may recover civil penalties in a civil action if the offender does not pay the penalty within ten days of the date of the notification after being cited for a violation.
F. If a building or structure is erected, constructed, reconstructed or altered, repaired, converted or maintained, or any building, structure or land is occupied or used in violation of the North Carolina General Statutes, this ordinance or other regulation made under authority conferred thereby, the town may apply to any court of competent jurisdiction 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.
G. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the case. An order of abatement may direct that buildings or other structures on the property be closed, and demolished, or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement.
(Ord. passed 2-14-2017)