(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Abandoned structures.
(1) If the owner of any structure shall fail to comply with an order of the City Manager or designee within the time specified therein, in addition to other remedies cited in §§ 150.050 through 150.058 for the enforcement of its provisions and pursuant to G.S. § 160A-175(b), the regulations and standards in §§ 150.050 through 150.058 may be enforced through the issuance of civil penalties by the City Manager or designee.
(2) Subsequent citations for the same violation may be issued by the City Manager or designee if the offender does not correct the violation within three days of the time specified therein (except as otherwise provided in a warning situation).
(3) The following penalties are hereby established.
Warning citation | Correct violation within ten days |
First citation | as set forth in the fee schedule |
Second citation (citations for same offense) | as set forth in the fee schedule |
Third and subsequent citation for same offense | as set forth in the fee schedule per day |
(4) If the offender fails to pay penalties which have been cited within five days after the offender has been cited, the city may recover the penalties in a civil action in the nature of debt.
(5) The above remedies are cumulative, and the city may pursue any or all of the same at its discretion. Each day that the violation exists shall constitute a separate and distinct offense.
(Prior Code, § 4-34)
(C) Minimum housing standards.
(1) After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the Director within the time specified therein, in addition to other remedies cited in §§ 150.070 through 150.090 for the enforcement of its provisions and pursuant to G.S. § 160A-175(b), the regulations and standards in §§ 150.070 through 150.090 may be enforced through the issuance of civil penalties by the Director or designee.
(2) Subsequent citations for the same violation may be issued by the Director or designee if the offender does not correct the violation within three days of the time specified therein (except as otherwise provided in a warning situation).
(3) The following penalties are hereby established.
Warning | Correct violation within ten days |
First citation | as set forth in the fee schedule |
Second citation for same offense | as set forth in the fee schedule |
Third and subsequent citations for same offense | as set forth in the fee schedule per day |
(4) If the offender fails to pay penalties which have been cited within five days after the offender has been cited, the city may recover the penalties in a civil action in the nature of debt.
(5) The above remedies are cumulative, and the city may pursue any or all of the same at its discretion. Each day that the violation exists shall constitute a separate and distinct offense.
(Prior Code, § 4-64)
(D) Violations; penalty. It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the Director duly made and served as herein provided, within the time specified in the order, and each day that any failure, neglect or refusal to comply with the order continues it shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to § 150.084, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(Prior Code, § 4-71)
(Ord. O-05-05, passed 7-7-2005; Ord. O-07-05, passed 10-6-2005)