§ 93.51 ENFORCEMENT, REMEDIES AND PENALTIES.
   (A)   The remedies provided herein are not exclusive and may be exercised singly, simultaneously, or cumulatively. In addition, the remedies provided herein may be combined with any other remedies authorized by law and exercised in any order. This article may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
   (B)   It shall be a civil violation of this article for any owner of a residential rental unit or property, or person or entity on behalf of that owner, to commit any of the following acts:
      (1)   Lease or rent a residential rental unit to another person or entity when the rental permit for that residential rental unit has been revoked except pursuant to a transition plan as set forth in § 93.47 of this subchapter.
      (2)   Lease or rent a residential rental unit to another person or entity after the owner has been served with notice of the mandatory meeting based upon disorder activity associated with that residential rental unit and fails to attend the meeting without just cause as set forth in § 93.44 of this subchapter.
      (3)   Providing material known to be false or should have known to be false or misleading on the residential rental permit.
      (4)   Failing to attend the mandatory initial meeting or any other meeting after notice has been timely and pursuant to § 93.44.
      (5)   Additional late fee civil penalty of $50 may be assessed if the initial civil penalty is not paid or appealed within 30 days from the date of issuance.
   (C)   Notwithstanding that an owner of a residential rental property's rental permit to occupy has been revoked or has been issued a civil penalty for a violation of this subchapter or the owner has failed to attend the mandatory initial meeting as set forth in § 93.44, the owner shall not commit the following acts:
      (1)   Refuse or fail to comply with any order of the town to repair a dwelling pursuant to Chapter 160, Minimum Housing Code; or
      (2)   Terminate the utility services of any occupants or otherwise violate the rights of residential tenants under G.S. Chapter 42, Art. 2A, 5, or 6.
   (D)   Notwithstanding that the owner's rental permit to occupy has been revoked, the owner's compliance with its obligations in division (C)(1) and (2) hereinabove shall not be deemed as offenses under division (E) below.
   (E)   Failure to comply with any provisions of this section shall subject the offender to a civil penalty of $50 a day for the first 30 days, $100 a day for the next 30 days, and $500 a day for each subsequent day.
   (F)   A civil penalty that is assessed under this article may be recovered by the town in a civil action in the nature of a debt if the owner does not pay the penalty fee within 30 days after a notice of the penalty is issued by the town officials.
(Ord. 18-017, passed 9-11-18)