(A) Any person violating the provisions of § 130.03 shall be subject to a civil penalty in the amount of $100 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 15 days after having been cited for violation of the ordinance. In accordance with G.S. § 160A-175(b), a violation of the section enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(B) A violation of any remaining section of this chapter is a misdemeanor punishable in accordance with the provisions of G.S. § 14-4. The fine for such violation shall not exceed $500.
(C) A violation of any remaining section of this chapter shall subject the offender to a civil penalty of $100. If any person fails to pay a civil penalty within 15 days after being cited for a violation, the town may seek to recover the penalty in a civil action in the nature of debt.
(D) The provisions of this chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(E) Each day’s continuing violation of any provisions of this chapter shall be a separate and distinct offense.
(F) Any person issued a civil citation under the provisions of this section may appeal the issuance of such citation to the Wrightsville Beach Chief of Police (“Chief of Police”). An appeal shall be perfected in accordance with the following:
(1) An appeal shall be taken by giving written notice of appeal to the Chief of Police within 14 calendar days of the date of issuance of the civil citation. In determining the 14 calendar days within which such appeal may be taken, the date of the civil citation shall not be counted.
(2) Such written notice must be received by the Chief of Police no later than 5:00 p.m. on the fourteenth day of the appeal period. If the fourteenth day falls on a Saturday, Sunday or holiday recognized by the town, the time for filing such appeal shall be extended to 5:00 p.m. on the next day which is not a Saturday, Sunday or holiday.
(3) A copy of the citation issued to the appealing party shall be attached to such written notice of appeal.
(4) The written notice of appeal shall set forth the grounds for the appeal, include other information that the appealing party believes supports its position and must include the name, email address, mailing address and telephone number of the appealing party.
(5) Within 15 calendar days of receipt of the written notice of appeal, the Chief of Police shall issue a written decision. The Chief of Police may uphold the citation, dismiss the citation or reduce the citation to some lesser offense. Provided, that the Chief of Police may not impose any penalty greater than that set forth in the citation from which appeal was taken. The written decision of the Chief of Police will be emailed or mailed by first class mail to the appealing party within five days of issuance to the email address or mailing address of the appealing party shown on the written notice of appeal.
(6) The decision of the Chief of Police shall be final.
(7) If the Chief of Police upholds the citation or takes other action that requires the appealing party to make payment to the town, such payment must be made within 30 days of the date of the written decision of the Chief of Police. If the appealing party fails to make payment within that time, the town shall undertake enforcement action as appropriate.
(Ord. 1341, passed 7-29-99; Am. Ord. 1359, passed 4-13-00; Am. Ord. 1423, passed 8-22-02; Am. Ord. 1686, passed 7-12-12; Am. Ord. 1711, passed 6-13-13)