(1) The Sheriff's Department may issue a citation which subjects the offender to a civil penalty of the greater of $500 or the maximum allowed by state law to be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within 20 days after being cited for a violation;
(2) A civil action seeking an injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having actual or legal control of the premises from which it emanates.
(2) Any act constituting a violation of the provisions of §§ 91.15 through 91.27 or a failure to comply with any of their requirements shall also subject the offender to a civil penalty. Each day of violation shall be considered a separate offense, provided that the violation is not corrected within 20 days after notice of the violation is given. Subsequent citations for the same violation may be issued by the Ordinance Administrator unless the violator has appealed the actions of the Ordinance Administrator through the Board of Adjustment.
(a) The following penalties are hereby established:
Warning citation | Correct violation within 10 days |
First citation | $25 (correct violation within 10 days) |
Second and subsequent citations for same offense | $50 per day |
(b) If the offender fails to pay the civil penalties within five days after being cited, the penalties may be recovered by the county in a civil action in the nature of a debt.
(3) This subchapter may also be enforced by any appropriate equitable action. The remedy may include court order of abatement as part of a judgement in the cause. The abatement order may include removal of junk from illegal junkyards and other actions required to make the property comply with the provisions of this subchapter at the owner's expense.
(4) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce §§ 91.15 through 91.27. In addition to the foregoing enforcement provisions, §§ 91.15 through 91.27 may be enforced by any remedy provided in G.S. § 153A-123, including, but not limited to, all appropriate equitable remedies provided in G.S. § 153A-123(d) and particularly the remedy of injunction and order of abatement as allowed in G.S. § 153A-123(e). Sections 91.15 through 91.27 specifically provide that each day's continuing violation may be a separate and distinct offense.
(Ord. passed - -; Ord. passed 1-8-1990; Ord. passed 10-21-2002; Ord. passed 12-4-2006; Ord. passed 6-6-2014; Ord. passed 3-21-2022)