(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 52.99.
(B) In accordance with G.S. § 153A-123, any person violating any provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine or imprisonment. Each day a violation continues shall be deemed a separate offense. The following penalties are hereby established:
Warning Citation | Correct violation within ten days |
First Citation | $25 (Correct violation within ten days) |
Second and Subsequent | $50 per day for the first through the seventh days |
Citations for Same Offense | $100 per day for the eighth through the fourteenth days |
$150 per day for the fifteenth through the twenty-first days | |
$250 per day for the twenty-second through the twenty-eighth days | |
$500 per day thereafter |
(C) If the offender fails to pay the civil penalties within 20 days after having been cited, the county may recover the penalties in a civil action in the nature of debt.
(D) Repeat violations. After having been once cited for a violation this chapter, 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 the same fashion for as long as the violation continues.
(E) 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 this chapter. The action may be in addition to, and not in lieu of, civil penalties.
(F) Criminal prosecution. A misdemeanor warrant may be issued either immediately or upon the issuance of a citation and the violator’s failure to pay the penalty within the time provided. A violation of this chapter upon the issuance of a misdemeanor warrant shall be punishable as a Class 3 misdemeanor under G.S. § 14-4 by a maximum sentence of 30 days and/or a maximum fine of $500.
(Ord. passed 9-18-2017)