(A) Generally. Any act or omission constituting a violation of this chapter shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town in a civil action in the nature of a debt or as otherwise provided herein or by statute if the offender fails to pay the penalty within 48 hours after the receipt of a citation of a violation.
(B) Citation contents. Any citation issued pursuant to this section may contain such information as the deems appropriate, and shall at least:
(1) State upon its face the specific violation(s) being cited and the amount of the penalty for each specific violation if such penalty or penalties is/are paid within 48 hours after the issuance of the citation;
(2) Notify the offender that a failure to pay the penalty or penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty or penalties plus any additional penalties assessed pursuant to this section or otherwise, together with interest and the costs of the action to be taxed by the court;
(3) Provide that the offender may answer the citation by mailing the citation and the stated penalty or penalties to 601 W. Corbett Avenue, Swansboro, North Carolina 28584, or may pay the amount at the Town Hall, corner of W. Corbett Avenue and Church Streets, Swansboro, North Carolina; and
(4) State that the penalty or penalties must be cleared with the
, Town Hall within 48 hours of the issuance of the citation. The notice shall further state that court action may be taken if the violation citation is not cleared within 48 hours after the issuance of the citation. As used in this section, the word “cleared” shall mean either:
(a) Payment of the penalty or penalties in full;
(b) Arrangement for payment of the penalty or penalties in full and correction of the violation(s); or
(c) A prima facie showing to the
that the citation was received as a result of mistake, inadvertence, or excusable neglect.
(C) Settlement of civil claim. The is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the town may have to enforce such penalty by civil action in the nature of debt only if the act(s) or omission(s) which gave rise to the violation(s) is/are abated or otherwise made lawful.
(D) Additional civil penalty. If any penalty or penalties prescribed by this section is/are not cleared within 48 hours after issuance of a citation therefore, then beginning on the third day after issuance of such citation, an additional penalty of $50 per day violation shall be imposed until each respective cited violation is cleared and either abated, or otherwise made lawful. The imposition of additional civil penalties as provided herein shall be subject to the terms of division (E) of this section.
(E) Continuing violations. After the initial 48 hour period after issuance of a citation, each day’s continuing violation shall be a separate offense, but no civil penalty shall be levied against the same for the same continuing violation at the same location more than once unless the or his designee has delivered a written notice by personal service or by registered or certified mail, return receipt requested, to the responsible for such violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period within which corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time will result in the assessment of additional civil penalties and other enforcement action. If, after the allotted time period has expired and after the hearing of any , the corrective action has not been completed, the civil penalty shall be assessed in the amount of $100 per day of continuing violation.
(F) Continuing violations a misdemeanor. Violation of any provisions of this chapter or any of the codes incorporated therein by reference, and violation of any stop work order issued by the or his or her designee shall be a misdemeanor.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2016-O11, passed 9-13-2016)