§ 1-6. General penalty; enforcement of ordinances; continuing violations.
(a)
Unless otherwise specifically provided, violation of any provision of this Code or any other town ordinance shall subject the offender to the remedies hereinafter provided; except, that where the General Statutes of North Carolina provide specific civil remedies for violations of provisions of this Code adopted pursuant to such statutes, such remedies available to the town for enforcement of this Code shall be in addition to the remedies stated in this section; provided, however, that no criminal penalties shall be applicable unless hereinafter stated in this section as being applicable to specific chapters or provisions of this Code.
(b)
Violations of any provision of the following chapters and sections of this Code shall be a misdemeanor and punishable as provided by G.S. 14-4:
(1)
Chapter 4, Articles II, III, and VI and chapter 26, subsection 26-8(b);
(2)
Chapter 8, all sections with the exception of sections 8-1, 8-2, 8-4, and 8-62. As to any violation of sections 8-82, 8-83, or 8-84, such violation shall be a class III misdemeanor punishable by a fine of up to $200.00;
(3)
Chapter 10, subsection 10-252(d);
(4)
Chapter 14, all provisions;
(5)
(6)
Chapter 42, Articles I, II and III, all sections except sections 42-41 and 42-92;
(7)
Chapter 26, all sections with the exception of sections 26-1, 26-5 and 26-6 and Chapter 16, section 16-1;
(8)
(9)
Chapter 32, subsections 32-3(c) and (d).
(c)
Violations of the following provisions of this Code shall subject the offender to a civil penalty upon the issuance of a citation for such violation as hereinafter provided. The civil penalty, if not paid to the town treasurer within 15 days of the issuance of a citation, may be recovered by the town in a civil action in the nature of debt. Unless otherwise provided by a specific provision of this Code, such civil penalties shall be no more than $500.00 for each violation, and each day any single violation continues shall be a separate violation; except, that for violations of parking ordinances as set out in section 42-163, the civil penalty provisions and procedures therein shall apply:
(1)
Chapter 10, all sections with the exception of subsection 10-252(d);
(2)
(3)
Chapter 20; all sections with the exception of section 20-2;
(4)
Chapters 12 and 40;
(5)
Chapter 42, Article IV and Chapter 16, Article IV;
(6)
Chapter 16, Article II;
(7)
Chapter 26, sections 26-5, 26-6 and 26-9 and Chapter 16, section 16-1;
(8)
Chapter 22, Article II, and Chapter 34;
(9)
(10)
Chapter 32, all sections with the exception of subsection 32-3(c) and (d);
(11)
(12)
(13)
(14)
Chapter 44, all sections with the exception of section 44-76;
(15)
Chapter 48, Zoning.
(d)
Violations of the following provisions of this Code shall subject the offender to either a civil penalty or a criminal penalty, or both, in accordance with the penalty provisions of subsections (b) and (c) of this section, or in accordance with the specific penalty provisions contained within the respective chapter and article, where applicable:
(1)
(2)
Chapter 8, sections 8-1, 8-2, 8-4, 8-7, and 8-62;
(3)
Chapter 40, Article II;
(4)
Chapter 16, Article III;
(5)
(6)
Chapter 26, sections 26-1, 26-2.1, and 26-13;
(7)
(8)
Chapter 42, sections 42-41 and 42-92;
(9)
(10)
(e)
The following violations of the provisions of article II of chapter 40 of this Code. Cable services regulatory ordinance, of this Code shall subject the offender to the following specific civil penalties after a 15-calendar-day written notice by the town of its intent to assess a civil penalty:
(1)
For failure of a franchisee to materially complete construction or to extend service in accordance with the cable services regulatory ordinance or the cable television franchise agreement—$250.00 for each calendar day the violation continues.
(2)
For failure to materially comply with requirements for access channels—$250.00 for each calendar day the violation continues.
(3)
For failure to materially comply with the institutional network provisions of the cable services regulatory ordinance or the cable television franchise agreement—$250.00 for each calendar day the violation continues.
(4)
For repeated, willful failure, or continuing failure, after the 15-day written notice of the intent of the town to assess a penalty, to submit reports, maintain records, provide documents, or provide information required or authorized to be requested by the town—$250.00 for each calendar day the violation continues.
(5)
For failure to materially comply with the requirements of any of the customer service standards. Failure to comply with each single standard is a separate violation—$250.00 for each calendar day the violation continues.
(6)
For failure to comply with the sale and transfer provisions of the cable services regulatory ordinance or the cable television franchise agreement—$250.00 for each calendar day the violation continues.
(7)
For violation of any provision of the cable services regulatory ordinance or the cable television franchise agreement which requires the franchisee to do, perform, construct, comply or to refrain from or not do, perform or construct any act or thing—$250.00 for each calendar day the violation continues.
(8)
For operating a cable television system or any other service or system in the town for which a franchise agreement is required by the cable services regulatory ordinance without having a cable television franchise agreement with the town—$500.00 for each calendar day the violation continues.
(f)
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 issuing 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.
(g)
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 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, including the Rules of Civil Procedure in general and Rule 65 in particular.
(h)
In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that:
(1)
Buildings or other structures on the property be closed, demolished or removed;
(2)
Fixtures, furniture or other movable property be removed from buildings on the property;
(3)
Grass and weeds be cut;
(4)
Improvements or repairs be made; or
(5)
Any other action be taken that is necessary to bring the property into compliance with this Code or such ordinance.
If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
(i)
The provisions of this Code and any other town ordinances may be enforced by one all or a combination of the remedies authorized and prescribed by this section; except, that any provision the violation of which incurs a civil penalty shall not be enforced by criminal penalties.
(j)
Except as otherwise specifically provided, each day's continuing violation of any provision of this Code or any other town ordinance shall be a separate and distinct offense.
(k)
Any ordinances hereafter adopted by the board of commissioners of the town, the violation of which shall incur a penalty, shall specify whether the enforcement shall be pursuant to the civil penalty or criminal penal provisions of this section.
(l)
Except as provided in chapter 16, article IV of this Code, a violation of this Code, the penalty for which is a civil penalty, shall be enforced as provided in subsections (m), (n), and (o) of this section.
(m)
Upon determination of a violation of any section of this Code, the penalty for which is a civil penalty, the town shall cause a warning citation to be issued to the violator, setting out the nature of the violation, the date of the violation and an order to immediately cease the violation or, if the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, stating a reasonable period of time in which the violation must be abated. The warning citation shall specify that a second citation shall incur a civil penalty. The initial issuance of a warning citation upon a violator as provided above shall not be required for the immediate imposition of civil penalties for a determination of a violation of any of the provisions of Chapter 48, Zoning.
(n)
Upon failure of the violator to obey the warning citation, a civil citation shall be issued by the appropriate official of the town and either served directly on the violator or his duly designated 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 as contained in the records of the town, or obtained from the violator at the time of the issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of such citation. The citation shall direct the violator to appear before the town treasurer, located in the town hall, within 15 days of the date of the citation or alternatively to pay the citation by mail. The violation for which the citation is issued must have been 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. Within a 12-month period, any repeat violation for which a notice of violation, warning citation, or civil citation has been issued shall be considered a continuation of the original violation.
(o)
If the violator fails to respond to a citation within 15 days of its issuance and pay the penalty prescribed therein, the town may institute a civil action in the nature of debt in the appropriate division of the state general court of justice for the collection of the penalty.
(Code 1990, § 1-6; Ord. No. 06-01-003, § I, 1-4-2006; Ord. No. 06-07-024, § I, 7-5-2006; Ord. No. 08-01-004, § III, 1-9-2008; Ord. No. 11-08-028, Pt. II, 8-3-2011; Ord. No. 11-08-031, Pt. I, 8-17-2011; Ord. No. 11-10-037, Pt. II, 10-5-2011; Ord. No. 12-09-028, Pts. I, II, 9-19-2012; Ord. No. 14-01-002, Pt. II, 1-8-2014)
State law reference
Similar provisions, G.S. 160A-175; penalty for violation of town ordinances, G.S. 14-4.