The construction of a , of an on an existing , location of an on an or the replacement of an existing in violation of this , or failure to comply with any of the requirements of this or with any issued pursuant to this subject the applicant, the /operator and/or the of the to revocation of the (§ 154.098) and the penalties and enforcement provisions pursuant to G.S. § 160A-175, including, but not limited to, the :
(A) Equitable remedies. This may be enforced by equitable remedies, and any unlawful condition existing in violation of this may be enforced by injunction and order of abatement in accordance with G.S. § 160A-175.
(1) Injunction. Where necessary to effectuate compliance with this , the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may institute an action in a court of competent jurisdiction seeking an injunction against the further violation of this . The action may be joined with a civil action instituted to collect accrued civil penalties in accordance with the provisions herein.
(2) Order of abatement. Where necessary to abate a condition existing upon land in violation of this or a use made of land in violation of this , the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may institute an action in a court of competent jurisdiction seeking an order of abatement of the use or condition of land in violation of this . The action may be joined to an action for an injunction and/or an action to recover civil penalties accrued against an individual for the use or condition of land in violation of this .
(3) Other equitable remedies. This may be enforced by any other equitable remedy which a court of competent jurisdiction deems just and proper.
(B) Civil penalties. Any individual who is found in violation of this may be subject to a civil penalty of $50. Each day's violation be treated as a separate offense.
(1) Compliance order.
(a) Upon making a determination that a person is in violation of this , the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances issue a compliance order to the of the and/or /lessor of the in violation of this . The compliance order notify the violator of the violation in writing. The order identify the circumstances giving rise to the violation, including the times, dates and places of the violation. The notification further identify the action which is necessary to comply with this . The notification state that if the violator does not comply within a reasonable time, not to exceed 15 days, the individual will be subjected to a civil penalty. If circumstances exist that the violator cannot come into compliance within 15 days, the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may grant an extension of time commensurate with the magnitude of the violation. The compliance order further state that failure to comply with the terms of the compliance order will subject the violator to a civil penalty and further state the amount of the civil penalty.
(b) Failure to comply with the terms of a compliance order issued by the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances within the time stated in the order subject the violator to a civil penalty of $50. Each day that the violation continues be considered a separate offense, and the violator may be subject to an additional civil penalty for each separate offense.
(2) Civil action. When necessary to collect any civil penalty or accrued civil penalties, a civil action may be instituted against an individual for the collection of all accrued penalties by the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances.
(C) Criminal penalties. Unless otherwise provided by this or other applicable law, violation of this constitute a Class 3 misdemeanor punishable by a fine not to exceed $500. Each day's violation be treated as a separate offense.
(1) Warning ticket. Upon the initial violation of a particular provision of this , an individual may be issued a warning ticket. The warning ticket identify the particular practice which is in violation of this and state the time, date and place of the violation. The warning ticket further state that if the individual commits further similar violations within the 6 the date of the warning ticket, the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may cause a warrant to be issued for the individual's arrest.
(2) Warrant. If an individual violates this within the 6 the issuance of a warning ticket in a manner that is similar to the violation specified in the warning ticket, the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may cause a warrant to be issued for the arrest of the individual.
(3) Enforcement. Notwithstanding any other provisions of this , the or the other official charged with the responsibility of enforcing the Town of Mills River Ordinances may cause a warrant to be issued without having first issued a warning ticket where he or she deems it necessary to effectively enforce the terms of this .
(Ord. 00079, passed 4-25-2013)