§ 95.99  PENALTY.
   (A)   Penalty, generally.
      (1)   The penalty for the first offense shall be $35, $125 for the second offense and $500 for the third and subsequent offenses of the same or similar nature within any one calendar year. Thirty days shall be given to remedy a violation before an additional penalty is imposed. Failure to so correct shall cause each day of the same or similar violation to be a separate offense.
      (2)   The penalties imposed are civil penalties to be recovered by the town in a civil action in the nature of debt, if the offender does not pay the penalty within the prescribed period of time after he or she has been cited for violation of the North Carolina Fire Prevention Code.
      (3)   The notice of violation may specify a period during which the violation shall be corrected. If it is not corrected during the specified period of time, the violator shall be guilty of a new and separate offense for each day that the violation continues.
      (4)   If the violator does not pay the civil penalty within 15 days after service or posting of the notice of violation, an additional civil penalty in the sum of $10, in the nature of a delinquency charge, shall be added to the amount specified in the notice of violation, and the notice of delinquency charge shall be served on the violator or mailed to him or her, again by certified mail, return receipt requested.
      (5)   The delinquency notice shall advise the violator that failure to comply with the order of the Fire Official may result in the issuance of criminal process to enforce the North Carolina Fire Prevention Code.
   (B)   Court enforcement.
      (1)   Should any person violate the Fire Code or any part of this chapter, and the Inspector determines that the violation is best remedied by a court of competent jurisdiction, he or she shall have the authority to seek remedy by mandatory or prohibitory injunction and order to abate or seeking a criminal warrant or criminal summons charging the violator with a misdemeanor. A maximum fine of $500 is imposed for each offense. Each day the violation occurs or continues shall be a separate offense.
      (2)   The imposition of any penalty for any violation shall not excuse the violation or permit it to continue; and violators shall be required to correct or remedy such violations or defects within the time specified under division (A)(3) above.
(1991 Code, § 19-28)  (Ord. passed 2-2-1999)