(A) General provisions.
(1) This § 10.98 shall control enforcement unless otherwise specifically provided in a section or title of this town ordinance.
(2) Violation of any provision of this code or any other town ordinance shall subject the offender to a civil penalty; except, where the General Statutes of North Carolina provide specific remedies for violations. Such remedies available by North Carolina General Statutes to the town for enforcement of this code shall be in addition to the remedies hereinafter stated. Where no specific penalty is provided, the violation of any such provision of this code or any such ordinance shall subject the offender to a fine in accordance with the fee schedule adopted by the Board of Commissioners. The provisions of this code and any other town ordinances may be enforced by one, all, or any combination of the remedies authorized and prescribed by this section.
(3) In addition to any civil or criminal penalties set out in this section, any provision of this code or any other town ordinance may be enforced by an appropriate equitable remedy issued from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(4) In addition to any civil or criminal penalties set out in this section, any provision of this code or any other town ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of such a provision occurs, the Town of Zebulon may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings.
(5) Upon determination of a violation of any section of this code, which is a civil penalty, a duly sworn and authorized officer, may utilize enforcement discretion and issue either a warning citation or a civil citation. If a warning citation is issued, it shall specify that a second violation will result in a civil citation and the appropriate penalty.
(6) Upon failure of a violator to obey a warning citation, a civil citation shall be issued and served directly on the violator, their duly authorized agent, or registered agent if a corporation, in person or posted in the United States mail service by first class mail addressed to the last known address of the violator. The violation for which the citation was issued must be corrected by the time the citation is paid; otherwise further citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
(7) Officers of the Zebulon Police Department are duly authorized, as noted in division (A) above, to issue either a Town of Zebulon Civil Citation or a State of North Carolina Uniform Citation for offenses that may be named both as a violation of this Code of Ordinances or the General Statutes of the State of North Carolina. Civil penalties shall be as designated in the adopted fee schedule of the Town of Zebulon.
(8) A duly sworn Code Enforcement Officer of the Zebulon Planning Department may, as authorized by the Board of Commissioners, issue official warnings or citations for violations of Planning Department related sections of the Code of Ordinances.
(B) Appeals.
(1) A violator that has received a civil citation may appeal the citation by completing the appeal notice portion of the civil citation and returning it to the Police Department within ten calendar days of the issuance of the citation.
(2) Appeals will be heard by an Appeal Hearing Board consisting of a Police appointee (board chair), a Planning Department appointee, a Town Manager appointee, and a citizen appointed by the other members of the board. In case of an absence, an alternate board member may be appointed by the Chief of Police.
(3) Appeal Hearing Board members will be asked to serve a term of not less than one year and not more than three years.
(4) The Appeal Hearing Board will meet quarterly as follows: the second Thursday of February, May, August and November. If the meeting date should fall on a holiday the hearing would move to the following Thursday.
(5) The ruling of the Appeal Hearing Board is final as it pertains to the Town of Zebulon.
(C) Failure to pay civil penalty.
(1) Failure to pay or appeal a civil penalty within ten days may result in the issuance of a state citation, a criminal summons and/or the initiation of a collection process and/or a civil action in the nature of a debt.
(2) Failure to pay a civil penalty within ten days after a responsible finding by the Appeal Hearing Board will be considered Failure to Pay a Civil Penalty, (see divisions (A) and (C) in this section).
(3) Civil citations are public record, however, are not reported to individual insurance companies or reflected in criminal or driving records. However, a conviction in criminal court on a state citation or for failing to pay the civil penalty would result in a recorded conviction.
(4) All costs associated with collection of non-payment of fines are the responsibility of the person receiving the citation.
(Ord. 2010-03, passed 7-6-2009; Ord. 2012-10, passed 9-6-2011; Ord. 2013-08, passed 7-18-2012)
Statutory references:
Enforcement of ordinances, see G.S. § 160-175
Establishment of ordinances, see G.S. § 160A-174
Violations of city ordinances, see G.S. §§ 14-4 et seq.