§ 92.06 NOISE PENALTY.
   (A)   Violation of any provision of this chapter shall be a misdemeanor as provided by G.S. § 14-4.
   (B)   (1)   Any violation of this chapter and sections of this subchapter shall subject the offender to a civil penalty in the amount of $300 for the first offense; $400 for second offense; $500 for third offense and any subsequent offense within the same 12-month period as the first offense.
      (2)   Each day's continuing violation shall be a separate and distinct offense.
      (3)   Notwithstanding division (B)(1) above, provisions of this section may be enforced through equitable remedies issued by a court of competent jurisdiction.
      (4)   In addition to or in lieu of remedies authorized in divisions (B)(1) through (B)(3) above, violations of this chapter may be prosecuted as a misdemeanor in accordance with G.S. § 160A-175.
      (5)   A property owner shall be liable for the cost of abating the nuisance or remedying the health or safety hazard created by a tenant for a third or subsequent violation of this chapter. A property owner shall be liable for the actual cost of abatement/remedy taking into account the cost of law enforcement personnel salaries, law enforcement equipment, administrative overhead, law enforcement recordkeeping, mailing and notification costs and other costs directly or indirectly attributable to the cost of abating the nuisance or remedying the health or safety hazard. In no case shall the cost assessed under this provision be less than $100 for the third violation by the tenant (initial assessment of property owner), or less than $75 for any subsequent assessment for the same-tenant violation. If costs assessed pursuant to this division (B) are not paid by the property owner within 30 days of receipt of a statement of costs from the town, the cost may be placed as a lien on the property the hazard existed.
(Ord. 2019-O2, passed 2-12-19)