(A)
The violation of any provision of this chapter shall be a misdemeanor as provided by G.S. § 14-4, punishable by a fine not to exceed $500, or imprisonment for not more than 30 days or both. Each day’s violation of this chapter is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this section does not relieve a person of his or her liability for fees or civil penalties imposed under this chapter.
(B) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 153A-123(d) and (e).
(C) In addition to and not in lieu of the criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to the civil penalties set forth below.
(1) Civil penalties may be recovered by the county in a civil action in the nature of debt or may be collected in other amounts as prescribed in this section within the prescribed time following the issuance of notice for the violation.
(2) Notice of violation shall, among other things:
(a) State upon its face the amount of the penalty if the penalty be paid within 72 hours from and after the issuance of the notice;
(b) Notify the offender that a failure to pay the penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty, plus an additional penalty in the amount of $25, together with the cost of the action to be taxed by the court;
(c) Further provide that the offender may answer the notice of violation by mailing the notice, and stated penalty to the Finance Office at its mailing address, or by making payment of the Finance Office at the appropriate address, and that upon payment the case or claim and right of action by the county will be deemed compromised and settled; and
(d) State that penalties must be paid within 72 hours from issuance of notice of violation. The notice shall further state that if the notice of violation is not paid within the 72-hour period, court action by the filing of a civil complaint for collection of the penalty may be taken.
(3) The Finance Officer is authorized to accept payments in full and final settlement of the claim or claims, right or rights of action which the county may have to enforce the penalty by civil action in the nature of debt. Acceptance of the penalty shall be deemed a full and final release of any and all claims, or rights of action arising release of any and all claims, or rights of action arising out of the contended violation or violations.
(4) The civil penalty for violation of this chapter is $50.
(5) Notwithstanding the provision of division (C)(4) above, any person disposing of solid waste from residential, commercial, industrial or institutional establishments which contain 25% or more of recyclable corrugated cardboard; aluminum cans; brown, clear or green glass; plastic containers produced by the use of the plastic resins polyethylene terephthalate (PETE) or high density polyethylene (HDPE); or newspaper or any combination thereof by weight or volume shall, in addition to the established tipping fee, pay as civil penalty the following:
(a) For the first violation, a written warning and civil penalty of the then existing per ton tipping fee assessed for disposal of solid waste at the transfer station; and
(b) For the second and any subsequent violation, a civil penalty in the amount of two times the then existing per ton tipping fee assessed for disposal of solid waste at the transfer station.
(6) The notice of violation referred to in this section may be delivered to the person violating the provisions of this chapter in person or may be mailed by first class mail to the person at his or her last known address.
(Ord. passed 12-16-1991; Ord. 95-1, passed 1-9-1995; Ord. passed 7-21-1997; Ord. passed 9-22-1997; Ord. passed 11-21-2022)