(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) The violation of any provision of this chapter shall be a misdemeanor, and any violation shall be punishable as provided in G.S. § 14-4. Each day’s violation of this chapter shall be a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this section does not relieve a person of liability for taxes or fees imposed under this chapter.
(2) In addition, enforcement of this chapter may be by appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to G.S. § 160A-175.
(3) In addition to, and not in lieu of, the criminal penalties and other sanctions provided in this chapter, a violation of this chapter may also subject the offender to the civil penalties hereinafter set forth.
(4) The civil penalties may be recovered by the city in a civil action in the nature of a debt, or may be collected in other amounts as prescribed herein within the prescribed time following the issuance of notice for the violation.
(5) The notice shall, among other things:
(a) State upon its face the amount of the penalty and any fines that may accrue;
(b) Notify the offender that a failure to pay the penalties within the prescribed time shall subject the offender to a civil action in the nature of debt for stated penalty, plus an additional penalty in the amount of $25, together with the cost of the action to be taxed by the court;
(c) Provide that the offender may answer the notice by mailing the notice and stated penalty at its mailing address, or by making payment to the city, and that upon payment, the case or claim and right of action by the city will be deemed compromised and settled; and
(d) State that the penalties must be paid within five business days from issuance of the notice. The notice shall further state that if the notice of violation is not paid within five business days, a civil complaint for collection of the penalty may be filed by the county.
(6) The city, is authorized to accept the payments in full, and as final settlement of the claim or claims, right or rights of action, which the city may utilize to enforce the penalty by civil action in the nature of a debt. Acceptance of the penalty shall be deemed a full and final release of any and all claims, or rights of action, arising out of the alleged violation or violations.
(7) The civil penalty for any offense in violation of this chapter is as provided in the annual schedule of fees as approved by the City Council.
(8) The penalty shall be paid within five business days from the issuance of the notice referred to in division (B)(5) above. After the five business day period, the civil penalty will increase by $25 and an additional $25 for every five business days in which the fine is not paid, not to exceed $1,000.
(9) The notice of violation referred to herein may be delivered to the person violating the provisions of this chapter in person, or may be mailed by first class and certified mail, to the person at his or her last known address.
(10) All penalties paid to the city or recovered in a civil action in the nature of a debt, as herein provided, shall be paid into the general fund of the city.
(Ord. 2018-O-60, passed 4-24-2018; Ord. 2023-O-91, passed 8-8-2023)