(A) Criminal and equitable. The Town Attorney shall prosecute violations of this chapter under this section.
(1) If any person shall violate any provision of this chapter, he or she shall be guilty of a misdemeanor and shall be fined not more than $50 or imprisoned for not more than 30 days, as provided by G.S. § 14-4. Each calendar day during which a violation continues shall constitute a separate offense.
(2) Pursuant to the provisions of G.S. § 160A-175 (d), the town may also seek any appropriate equitable relief that it deems necessary to ensure the health, safety and welfare of the citizens or the natural resources of the town, including but not limited to civil damages resulting from violation of this section of the chapter.
(B) Civil.
(1) First notice of violation. The Zoning Administrator shall notify the owner or occupant of the violation. The owner or occupant shall immediately remedy the violation.
(2) Written notice of violation.
(a) If the owner or occupant fails to take prompt corrective action, the Zoning Administrator shall give written notice of violation. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity pursuant to G.S. § 160D-404(a). The notice shall state:
1. That the land, building, structure, sign or use is in violation of this chapter;
2. The nature of the violation, and citation of sections of this chapter violated; and
3. The measures necessary to remedy the violation.
(b) The person providing the notice of violation shall certify to the local government that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(3) Appeal to Town Council. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the Zoning Administrator to the Town Council within ten days following the date of written notice. The Town Council shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the written notice of violation. In the absence of an appeal, the decision of the Enforcement Officer shall be final.
(4) Failure to comply with notice. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken within ten days of receipt of notice, or a final decision by the Town Council, the town may subject the owner or occupant to civil penalties and remedies.
(5) Citation. If after receiving a written notice of violation, the owner or other violator fails to take corrective action, a civil penalty may be imposed in the form of a citation. The citation shall be served in the same manner as a written notice. The citation shall state the nature of the violation, the penalty to be imposed and shall direct that the violator pay the civil penalty within 15 days of the date of the citation.
(6) Continuing violation. For each day after the fifteenth day following the citation that the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.
(7) Penalties. Violators shall be subject to a civil penalty in the amount of $25 for the first violation (day one), $50 for the second violation (day two), $100 for the third violation (day three), and $200 for the fourth day and successive violations.
(8) Demand for payment. The Zoning Administrator shall make written demand for payment upon the owner or the person in violation and shall set forth a description of the violation for which the civil penalty has been imposed.
(9) Nonpayment. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the town shall pursue one of the following actions:
(a) Referral to the Town Attorney to institute a civil action for recovery of the civil penalty;
(b) Issuance of a criminal summons or warrant by the Zoning Administrator; or
(c) Attachment of a lien against the property in the nature of a tax assessment to be collected in the manner of property tax payments.
(C) Watershed regulation penalty. In addition to the penalties imposed for violating the zoning chapter, the North Carolina Environmental Management Commission may assess civil penalties in accordance with G.S. § 143-215.6(a). Each day that the violation continues shall constitute a separate violation.
(Ord. passed - -; Ord. passed 7-1-1980; Ord. passed 9-7-1993; Res. R-2021-03, passed 6-24-2021)