(A) General. In addition to the criminal penalties and other sanctions provided in the North Carolina General Statutes, any violation of any provision of Title VII, except for Chapter 72, may also subject the offender to those civil penalties hereinafter enumerated. Civil penalties may be recovered by the town in a civil action in the nature of a debt or may be collected in such other amounts as prescribed herein within the prescribed time following the issuance of notice of citation for the violation.
(B) Notice to be affixed. Whenever a member of the Police Department or other person authorized to enforce the provisions of Title VII regulating the parking of vehicles shall find that any of those provisions are being, or have been, violated by the owner or operator of the vehicle, the officer or person shall notify the owner or operator of the vehicle of the violation by conspicuously attaching to the vehicle a parking violation notice or citation in such form as the Town Manager or his or her designee may direct.
(C) Contents. The parking violation or citation shall, among other things: state upon its face the amount of the penalty for the specific violation if the penalty is paid within 30 days from and after the violation; notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of a debt for the stated penalty plus an additional penalty in the amount of $25, further provide the offender may answer the town parking citation by mailing the citation and stated penalty to the Town Hall, West Jefferson, NC, or may pay the amount at the Town Hall, and that upon payment, the case or claim in right of action by the town will be deemed compromised and settled, and that the penalty must be either paid or the failure to pay must be cleared with the Town Manager or his or her designee within 30 days of issuance of the citation. The notice shall further state that if the parking violation citation is not cleared within 30 days, court action by the filing of a civil complaint for collection of the penalty may be taken. As used upon the parking citation, the word CLEARED shall mean either: payment, arrangement for payment to be made, or a prima facie showing that the parking citation was received as a result of mistake, inadvertence or excusable neglect.
(D) Statement of claim. The Town Manager or his or her designee is authorized to accept payments in full and final settlement of the claim or claims, right or rights of action which the town may have to enforce the penalty by civil action in the nature of a debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of the contended violations.
(E) Penalties. A civil penalty in the amount of $25 shall be imposed for any violation of any provisions of Title VII, except for Chapter 72, which shall be due and payable to the town within 30 days after the issuance of the citation.
(F) Additional penalty. An additional penalty of $25 shall apply in those cases in which the penalty described above has not been paid within 45 days after the issuance of the citation.
(G) Other remedies. Any vehicle in violation of § 71.01 may be towed away. In those cases in which a vehicle is towed away pursuant to this section, the owner or operator of the vehicle shall be responsible for paying the cost of towing and storing the vehicle.
(H) Penalties to General Fund. All penalties paid to the town or as may be recovered in the civil action in the nature of a debt as herein provided shall be paid into the General Fund of the town.
(Ord. passed 1-3-2011; Ord. passed 3-7-2011)