(A) Authority. This section is adopted pursuant to the authority granted to the Board of Commissioners in G.S. §§ 153A-121 and 153A-123.
(B) Applicability. Except as otherwise provided herein, the system of penalties provided for in this section shall apply to any violation of any county ordinance, unless otherwise prohibited by state law. The provisions of this section shall not apply to the Lincoln County Fire Prevention and Protection Ordinance (Chapter 95 of this code), the penalties under which are hereby restored to the levels at which they were set prior to the effective date of this section.
(C) Enforcement. Violations of county ordinances may be enforced by any one or more of the remedies authorized by G.S. § 153A-123, including, but not limited to, the following.
(1) Civil penalties; escalation of penalties for continuing violations. Each day that a violation of a county ordinance continues shall be treated as a separate violation subject to the accrual of the following civil penalties. Upon being cited by the applicable ordinance administrator or officer responsible for enforcement (hereinafter referred to as "enforcement officer") for a violation of a county ordinance, the violator shall be subject to a civil penalty of $50 per day for each day that the violation continues unabated for a period of seven days after the citation is issued. Violations continuing beyond seven days shall be penalized as follows: $100 per day for the eighth through the fourteenth days; $150 per day for the fifteenth through the twenty-first days; $200 per day for the twenty-second through the twenty-eighth days; and $250 per day for each day that the violation continues beyond the twenty-eighth day. All the penalties shall render the violator subject to a civil action in the nature of debt if the violator does not pay the penalty within 20 days after being notified by the enforcement officer of the accrued total of civil penalties for the violation for which he or she has been cited. The enforcement officer shall have the discretion to stay the accrual of civil penalties hereunder, pending reasonable efforts by the violator to bring into compliance the condition that is the subject of the violation.
(2) Repeat violations. After having been once cited for a violation of a county ordinance, a violator shall be subject to the following civil penalties for any additional violations within the following 12-calendar-month period. For a second violation within the period, civil penalties will begin at $100 per day for each day that the violation continues and will escalate according to the following schedule: $150 per day for the eighth through the fourteenth days; $200 per day for the fifteenth through the twenty-first days; $250 per day for the twenty-second through the twenty-eighth days; and $300 per day for each day that the violation continues beyond the twenty-eighth day. A third violation during the same period shall subject the violator to civil penalties beginning at $200 per day and escalating in a similar fashion for as long as the violation continues.
(3) Injunctive relief or equitable remedy. Notwithstanding the assessment of civil penalties as provided above, the county may pursue a civil action seeking a mandatory or prohibitory injunction and order of abatement or other equitable remedy against the violator of a county ordinance. The action may be in addition to, and not in lieu of, civil penalties.
(4) Criminal prosecution. A misdemeanor warrant may be issued either immediately or upon the issuance of a citation, as provided for herein, and the violator’s failure to pay the penalty within the time provided. A violation of a county ordinance upon the issuance of a misdemeanor warrant shall be punishable as a Class 3 misdemeanor under G.S. § 14-4 unless otherwise stated herein, by a maximum sentence of 30 days and/or a maximum fine of $500.
(D) Enforcement provisions of ordinances amended. To the extent permitted by applicable law, the enforcement provisions of all county ordinances that are subject to enforcement as herein provided are hereby amended to be consistent herewith. The penalties provided for in this section shall be cumulative and in addition to other penalties that may apply under the provisions of other county ordinances.
(E) Effective date. The provisions of this section shall become effective on 7-21-2008, and shall apply to all violations of county ordinances for which citations are issued on or after that date.
(Ord. 2008-03, passed 7-21-2008; Ord. 2008-06, passed - -2008; Ord. passed 3-21-2022)