§ 90.999 PENALTY.

   (A)   Violations of this chapter shall constitute a criminal liability. The procedure set forth in this chapter shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and this chapter shall not prevent the town from proceeding in a criminal action against any person, firm or corporation violating the provision of this chapter as provided in G.S. § 14-4. In addition, violators shall be civilly liable for costs incurred by the town to abate said nuisances.

(1987 Code, § 8-1-18)

   (B)   Any person violating §§ 90.025 through 90.034 of this chapter shall be guilty of a misdemeanor and, if found guilty of said misdemeanor, is punishable, upon conviction, by a fine not exceeding $50 or imprisonment of not more than 30 days for each violation.

(1987 Code, § 8-6-11)

   (C)   Any person violating §§ 90.045 through 90.050 of this chapter shall be guilty of a misdemeanor and, if found guilty of said misdemeanor, is punishable, upon conviction, by a fine not exceeding $50 or imprisonment of not more than 30 days for each violation. In addition, §§ 90.045 through 90.050 of this chapter may be enforced by the assessment of a civil penalty in the amount of $50 for each separate offense.

(1987 Code, § 8-8-06) (Am. Ord. 2019-01, passed 6-11-2019)

   (D)   Any person violating §§ 90.060 through 90.073 of this chapter shall be guilty of a misdemeanor. For every day such violation shall thereafter exist, it shall be deemed to constitute a separate offense; and, if found guilty of said misdemeanor, be punishable, upon conviction, by a fine not exceeding $50 or by imprisonment of not more than 30 days for each violation.

(1987 Code, § 8-3-15)

   (E)   Junk yards existing beyond the date given in § 90.074 of this chapter shall be in violation of § 90.074 of this chapter and shall be punishable, upon conviction, by a fine not exceeding $50 or by imprisonment of not more than 30 days. Each days violation shall be deemed a separate offense. (The exception to this shall be Mobley’s junk yard which shall be allowed to remain in operation until such time as the business or land is sold or transferred at which time it shall cease to continue operation.)

(1987 Code, § 8-3-18)

   (F)   (1)   A violator who fails to abate a nuisance in the time specified in §§ 90.090 through 90.102 of this chapter shall be subject to a civil penalty of $50. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by certified mail, return receipt requested, or by personal service.

      (2)   For each day the violation is not corrected, the violator will be guilty of a new and separate offense and subject to additional civil penalties.

      (3)   If the violator fails to pay this penalty within ten days after being cited for violation, the penalty may be recovered by the city in a civil action in the nature of debt.

      (4)   In addition to or in lieu of the penalty, the Town Administrator may seek a mandatory injunction seeking enforcement of §§ 90.090 through 90.102 of this chapter.

      (5)   If the same violation occurs within a five-year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to an additional civil penalty as set forth in this division (F).

(Ord. 2010-006, passed 10-5-2010)

   (G)   Any person violating §§ 90.115 through 90.126 of this chapter shall be guilty of a misdemeanor and, if found guilty of said misdemeanor, is punishable, upon conviction, by a fine not exceeding $50 or imprisonment of not more than 30 days for each violation.

(1987 Code, § 8-5-13)

   (H)    Any person violating §§ 90.140 and 90.141 of this chapter shall be guilty of a misdemeanor and, if found guilty of said misdemeanor, is punishable, upon conviction, by a fine not exceeding $50 or imprisonment of not more than 30 days for each violation.

(1987 Code, § 8-7-07)