(a) Unless otherwise specifically provided in the code and authorized by state law, a violation of any provision of the code may subject the violator to a civil penalty in the amount of not more than five hundred dollars ($500.00) per violation, unless some other amount shall be specifically delineated. Unless otherwise specifically provided in the code or a duly adopted City of Marion Fee Schedule, fines or civil penalties, if imposed, are established as follows:
(1) For parking violations not involving parking in a handicapped space, the civil penalty shall be ten dollars ($10.00). For handicapped parking violations, the civil penalty shall be fifty dollars ($50.00).
(2) For all other violations of the code, unless otherwise specifically provided, the civil penalty shall be:
(i) The penalty for the first violation of any code provision within a period of twelve (12) consecutive months preceding the date of violation shall be punishable by a fine or civil penalty of fifty dollars ($50.00).
(ii) The penalty for the second violation of any code provision within a period of twelve (12) consecutive months preceding the date of violation shall be punishable by a fine or civil penalty of one hundred dollars ($100.00) for each violation.
(iii) The penalty for the third through fourth violation of any code provision within a period of twelve (12) consecutive months preceding the date of violation shall be punishable by a fine or civil penalty of one hundred fifty dollars ($150.00) for each violation.
(iv) The penalty for the fifth through tenth violation of any code provision within a period of twelve (12) consecutive months preceding the date of violation shall be punishable by a fine or civil penalty of two hundred fifty dollars ($250.00) for each violation.
(v) The penalty for a violation of any code provision beyond the tenth violation within a period of twelve (12) consecutive months preceding the date of violation shall be punishable by a fine or civil penalty of five hundred dollars ($500.00) for each violation.
(vi) If any person shall violate a code provision regulating the operation or parking of vehicles, such person shall be responsible for an infraction and shall be required to pay a civil penalty of not more than fifty dollars ($50.00), or such other maximum amount as shall be authorized by North Carolina General Statutes or specifically established herein or by a duly adopted City of Marion Fee Schedule, whichever is less.
The maximum civil penalty for a particular violation within a period of twelve (12) consecutive months is five thousand dollars ($5,000.00).
(b) A violator shall pay any civil penalty within ten (10) days of issuance of the civil citation to the appropriate city official or if such city official is not known to Marion City Hall.
(c) Civil penalties shall be recovered by the city in a civil action in the nature of a debt if the violator does not pay the penalty within a period of ten (10) days after the issuance of the civil citation. Any action to recover a civil penalty may be joined in an action for appropriate equitable relief, including injunctions and orders of abatement and including an action to recover damages owing to the city by reason of expenses incurred by the city in abating, correcting, limiting and otherwise dealing with the harmful effects of the offending action. The City of Marion may use any available avenue of collection for delinquent civil penalties, including but not limited to the North Carolina Debt Setoff program.
((Ord. No. O-08-01-15-3, § 1(2), 1-15-08; Ord. No. O-14-06-17-6, § 2, 6-17-14)