(A) Unless this code shall otherwise provide, violation of any provision hereof shall be a Class 3 misdemeanor punishable upon conviction by a fine not exceeding $50, as provided in G.S. § 14-4(a). A violation of Chapter 20, Article XI, “Parking, Stopping or Standing”, of this code shall be an infraction punishable upon conviction by a fine not exceeding $50, as provided in G.S. § 14-4(b).
(B) Unless the code shall otherwise provide, violation of a provision of this code shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten calendar days, or such longer period of time as may be prescribed, after he or she has been cited for violation of the ordinance.
(C) Unless the code shall otherwise provide, violation of a provision of this code may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(D) A provision of this code that makes unlawful a condition existing upon, or use made of, real property may be enforced by injunction and order of abatement, and the General Court of Justice shall have jurisdiction to issue such orders. When a violation of such an ordinance or code provision occurs, the town may apply to the appropriate division of the General Court of Justice 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. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
(E) 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, 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 the ordinance or code provision. 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 in the nature of a mechanic’s and material man’s lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings, and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard, and shall be conditioned on the defendant’s full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend, or cancel, an injunction issued in conjunction therewith.
(F) Subject to the express terms thereof, a provision of this code may be enforced by any one, all, or a combination of the remedies authorized, and prescribed, by this section.
(G) Except as otherwise provided in this code or in any ordinance of the town, each day any violation of such code or ordinance shall continue shall constitute a separate, and distinct, offense.
(Code 1976, § 1.5) (Ord. 10-89, passed 6-19-1989)
Cross-reference:
Violations of the State Building Code and minimum housing standards, §§ 5-206 and 5-210, 5-414(C); penalties for violation of the amusement article, §§ 6-352 et seq.
Statutory reference:
Violation of local ordinances deemed a misdemeanor, G.S. § 14-4; authority of town to enforce ordinances, G.S. § 160A-175.