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(A) All ordinances passed subsequent to this code which amend, repeal, or in any way affect this code may be numbered in accordance with the numbering system hereof, and printed for inclusion in this code. When subsequent ordinances repeal any chapter, section, or subsection, or any portion thereof, such repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this code, and subsequent ordinances numbered or omitted, are readopted as a new code by the Town Council.
(B) Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “That section of the Code of Ordinances, Town of Maiden, North Carolina, is hereby amended to read as follows ....” The provisions shall then be set out in full as desired.
(C) If a new section is to be added to this code, the following language shall be used: “That the Code of Ordinances, Town of Maiden, North Carolina, is hereby amended by adding a section, to be numbered___, which section reads as follows....” The new section shall then be set out in full as desired.
(D) All sections, articles, chapters, or provisions desired to be repealed must be specifically repealed by section, article, or chapter number, as the case may be.
(A) By contract or by town personnel, supplements to this code shall be prepared, and printed, whenever authorized, or directed, by the Town Manager. A supplement to the code shall include all substantive, permanent, and general parts of ordinances passed by the Town Council during the period covered by the supplement, and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(B) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.
(C) When preparing a supplement to this code, the codifier (meaning the person, agency, or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances, and parts of ordinances, included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such catchlines, headings, and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subsection numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter”, “this article”, “this subsection”, and the like, as the case may be, or to “sections___ through ___” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and
(5) Make other non-substantive changes necessary to preserve the original meanings of ordinance sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement, or already embodied in the code.
It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment, or decree, of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code, since the same would have been enacted by the Council without the incorporation in this code of any such unconstitutional, or invalid, phrase, clause, sentence, paragraph, or section.
(Code 1976, § 1.6)
(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.