(A) Violation of any provision of this subchapter may subject the offender to a civil penalty to be recovered by the town. If the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this section, or by failure to appeal the assessment, the town, as its option, may:
(1) Cause the charges to become a lien upon the land or premises where the violation occurred, and such lien shall be collected as unpaid taxes as provided by G.S. § 160A-193; or
(2) Institute a civil action in the nature of debt to collect the penalty.
(B) Any civil penalty shall be assessed by the Town Clerk, upon the recommendation of the operator in responsible charge, and the approval of the Town’s Board of Commissioners, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety, and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The Town Clerk shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(C) An appropriate equitable remedy, including a mandatory or prohibitory injunction issuing from a court of competent jurisdiction, may endorse the provisions of this subchapter.
(D) The penalties and enforcement provisions established by this subchapter may be applied in addition to or instead of the penalties established by other sections of this code.
(Ord. passed - -) Penalty, see § 52.99