(A) (1) Remedies.
(a) If any subdivision, development and/or land use is found to be in violation of this chapter, the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $50 a day, institute actions or proceedings to restrain, correct or abate the violations; to prevent occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. In addition, the State Environmental Management Commission may assess civil penalties in accordance with G.S. § 143-215.6A. Each day the violation continues shall constitute a separate offense.
(b) If the Watershed Administrator finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He or she shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Board of Adjustment.
(2) Sanctions. The Town Council may seek enforcement of this chapter by assessing 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 in a prescribed period of time after being cited for violation of this chapter. Such violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an 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. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the town may execute the order of abatement. 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 material man’s lien. 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. Enforcement of this chapter may be by any one, all or a combination of the remedies authorized in this chapter. Each day’s continuing violation shall be a separate and distinct offense.
(B) (1) In the event of a violation of §§ 152.140 through 152.171 or any special use permit issued pursuant to §§ 152.140 through 152.171, the town may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the town, fines or penalties as permitted by state law.
(2) A violation of §§ 152.140 through 152.171 is hereby declared to be an offense, punishable by a fine not exceeding that which is permitted under state law for conviction of a first offense. For conviction of a second offense, both of which were committed within a period of five years, the holder of a special use permit issued under §§ 152.140 through 152.171 may be sanctioned by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both; however, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of §§ 152.140 through 152.171 or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day after the first seven days following notification that the violations continues, shall constitute a separate additional violation, punishable separately and individually.
(3) Notwithstanding anything in §§ 152.140 through 152.171, the holder of the special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other sanctions or penalties, to evade or avoid compliance with §§ 152.140 through 152.171 or any section of §§ 152.140 through 152.171. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The town may also seek injunctive relief to prevent the continued violation of §§ 152.140 through 152.171, without limiting other remedies available to the town.
(Ord. passed 4-5-2010; Ord. passed 5-5-2014; Ord. passed 5-3-2021; Ord. passed 3-7-2022)