(A) Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in the code the doing of any act is required or the failure to do such act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this chapter shall be a Class 3 misdemeanor, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days. Each day that any violation of this chapter continues shall constitute a separate offense.
(B) Despite the provisions of division (A) above, violation of any provision of this chapter regulating the operation of any vehicle shall constitute an infraction, subject to the penalty provisions of G.S. §§ 14-3.1 and 14-4.
(C) In addition to or in lieu of the penalty provisions set forth above, the violator may be subject to one, all, or a combination of the remedies, legal or equitable, as authorized and prescribed by G.S. § 160A-175.
(D) (1) Without limiting division (C) above, any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty to follow the schedule below.
First citation | $50 |
Second citation | $200 |
Third citation | $500 |
(2) If the offender fails to pay this penalty within ten days after being notified of a violation, the penalty may be recovered by the town in a civil action in the nature of debt. Each day that any violation continues after the third civil penalty shall constitute a separate offense. For every day after the third civil citation the offender may be cited $500 a day per offense, or can be charged pursuant to division (A) above. Nothing in division (D) shall limit the town ability to seek remedies through the courts on the first contact.
(E) The offender shall be given seven days before the first citation is issued to correct the offense or make efforts to begin correction of the offense. Nothing in this section shall limit the town’s ability to seek immediate corrective action on offenses that are temporary or pose a threat to the public health, safety, and welfare.
(F) In addition, the following fees shall be imposed if the town must recover the civil citation using a debt collection agency, lien on the property, or any other type of court proceeding:
(1) Photo fee: $5 for each photo;
(2) Inspection trips after imposition of initial civil penalty: $10 per trip;
(3) Certified mailings: cost of postage;
(4) Attorney fees: actual cost plus 10%;
(5) Court fees and cost: actual cost;
(6) Towing fees (generally collected by the tow operator, but if the city incurs any cost then the following will apply): actual cost plus 10%; and
(7) Storage fee (generally collected by the tow operator, but if the town occurs any cost the following shall apply): actual cost plus 10%.
(G) Any person, firm or corporation violating any of the provisions of any section or division of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall, upon conviction, be guilty of a Class 3 misdemeanor and subject to a fine in the amount of $50, or as specified in the then-current fees, rates and charges schedule adopted as part of the town’s annual operating budget; except, that where state law provides specific remedies for violations of provisions of this code adopted pursuant to such statutes, such remedies available to the town for enforcement of this code shall be in addition to the remedies hereinafter stated.
(Prior Code, § 8-5001) (Ord. passed 4-10-2003; Ord. passed 9-21-2006; Ord. 11-2021, passed - -)