§ 41.999 PENALTY.

   (A)   Violation. A violation of this chapter is punishable as a misdemeanor and shall subject the offender to a fine of not more than $500 for a major violation and not more than $100 for a minor violation, and to confinement as the law of the state may from time to time provide. A major violation is any violation in or on premises, which, if a fire or explosion occurred, could reasonably cause serious injury or death to occupants of the premises. Any other violation is a minor violation. Each day’s continuing violation shall constitute a separate offense for the purpose of the prosecution.

   (B)   Civil penalty.

      (1)   (a)   A violation of this chapter shall subject the offender to the assessment of a civil penalty in an amount set forth in the schedule of civil penalties to be adopted from time to time by the City Council. Penalties assessed shall be recovered by the city in a civil action in the nature of debt if the offender does not pay the civil penalty within 30 days after the offender has been cited for the violation. Each day’s continuing violation shall constitute a separate offense for the purpose of assessing a civil penalty.

         (b)   The Fire Official and any Fire Prevention Inspector employed in his or her office are authorized as public officials to investigate violations of this chapter and, upon a determination that such a violation has occurred, issue civil penalty citations. The Fire Official shall include written procedures for investigating violations, issuing citations and collecting penalties in rules he or she is authorized to promulgate pursuant to this chapter.

      (2)   Certain civil penalties shall be imposed upon issuance or citation for a violation of this chapter. The schedule of penalties is maintained in the office of the City Clerk.

         (a)   Category I violation. A violation of the Fire Prevention Code which causes a fire resulting in damage to property, or which aggravates the damage caused by a fire.

         (b)   Category II violation. A violation of the Fire Prevention Code involving the Life Safety Code, places of assembly or storage of combustibles, hazardous or explosive materials, but not associated with fire.

         (c)   Category III violation. Failure to obtain a permit as required by the Fire Prevention Code.

         (d) Category IV violation. Any other violation of the Fire Prevention Code.

   (C)   Other remedies.

      (1)   This chapter may be enforced by any other remedy at law of equity which the city is authorized to pursue, to include actions in the General Court of Justice for injunctive relief, other remedies authorized in G.S. § 160A-175 and remedies authorized in §§ 41.045 through 41.049.

      (2)   The civil penalties, criminal prosecution and other remedies provided in this chapter are cumulative and not exclusive, and may be independently and separately pursued against the same person for the activity constituting a violation of this chapter. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies in other provisions of this code or other laws and regulations.

(2009 Code, § 92.097)

   (D)   Alarm response penalty for violation of § 41.024. It shall be determined that three or more false alarms within a one-month period is excessive and constitutes a public nuisance. The city will allow three false alarms responses to any alarm user within any calendar month without penalty. A civil penalty shall be issued for any excess false alarm responses as follows:

False Alarm	Penalty
4th false alarm	$50
5th false alarm	$75
6th false alarm	$100
7th false alarm	$150
8th false alarm	$200
9th false alarm	$250
10 or more false alarms	$500

 

(2009 Code, § 92.030)

   (E)   Key boxes; penalty for violation of § 41.029. Any person who owns or operates a structure subject to § 41.029 shall be subject to the penalties set forth of this code for any violation of § 41.029, that the fine for violation of this section shall be $100.

(Ord. 14-10, passed 11-23-2010; Ord. 2012-10-9-15, passed 10-9-2012)