(A) Unless otherwise specifically provided, violation of any provision of this code or any other ordinance shall be a misdemeanor or an infraction as the case may be, and punishable by a fine of not more than $50 or imprisonment of not more than 30 days, as provided by G.S. § 14-4.
(B) Violation of any provision of this code or any other ordinance shall subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within a period of time prescribed by the court after such offender has been cited for such violation.
(C) Any provision of this code or any other ordinance may be enforced by any 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) (1) Any provision of this code or any other ordinance 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.
(2) When a violation of such a 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.
(3) In addition to an injunction, the court may enter an order of abatement as a part of the judgement in the cause. 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 this code or such ordinance.
(4) If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, such defendant may be cited for contempt, and the town may execute the order of abatement.
(5) 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 materialman’s lien.
(6) 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.
(E) The provisions of this code and any other ordinance may be enforced by any one, all or a combination of the remedies authorized and prescribed by this section.
(F) Except as otherwise specifically provided, each day’s continuing violation of any provision of this code or any other ordinance shall be a separate and distinct offense
(Prior Code, § 1-8)
Statutory reference:
Abatement of health nuisances, see G.S. § 160A-193
Authority, see G.S. § 160A-175