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8.8.12.   Remedies; Cumulative and Continuous
All such remedies provided herein shall be cumulative. To the extent that North Carolina law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(Ord. 2020-36, passed 12-2-2019)
8.9.   ASSESSMENT OF CIVIL PENALTIES
8.9.1.   Responsible Parties
Any person who violates any provision of this Ordinance, including the owner or occupant of any land, building, structure, sign, use of land, or part thereof, may be held responsible for the violation and subject to the penalties and remedies provided in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
8.9.2.   Notice
   A.   Notification Required. Civil penalties may not be assessed until the responsible person in violation has been notified in accordance with Section 8.7, Enforcement Procedure.
   B.   Civil Penalty Imposed. If after receiving a written notice of violation under Section 8.7, Enforcement Procedure, the person fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section.
   C.   Notice of Penalty Assessment. Notice of the civil penalty assessment shall be served in the same manner as a notice of violation.
   D.   Assessment Contents. The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the violator, and shall direct the violator to pay the civil penalty within 30 days of the date of the notice.
   E.   Separate Notices. Separate notices must be provided for the first or second violations. The Town may, in its discretion, treat the first notice for a violation as the final notice for chronic violators.
   F.   Assessment until Compliance. Civil penalties may be assessed until compliance is achieved.
(Ord. 2020-36, passed 12-2-2019)
8.9.3.   Continuing Violation
For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty.
(Ord. 2020-36, passed 12-2-2019)
8.9.4.   Demand for Payment
If compliance is not achieved, then the Planning Director shall make written demand for payment of penalties that have accrued while the property has been in violation. The demand for payment shall be sent to the responsible person in violation and must include a description of the violation for which the civil penalties have been imposed.
(Ord. 2020-36, passed 12-2-2019)
8.9.5.   Nonpayment
If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the Town may recover any unpaid civil penalty by filing a civil action in the nature of debt.
(Ord. 2020-36, passed 12-2-2019)
8.9.6.   Penalties
Any person who violates any provision of this Ordinance shall be subject to assessment of a civil penalty for each succeeding violation over the course of a calendar year.
(Ord. 2020-36, passed 12-2-2019)
8.9.7.   Civil Penalties in the R1 District
In addition to the remedies available in Section 8.8, Remedies, and the standards related to the assessment of civil penalties in this section, the North Carolina Environmental Management Commission may also assess civil penalties for violation of the R1 district standards in accordance with Section 143-215.6A of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
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