§ 12-95. Civil penalties.

Notwithstanding the other remedies available to the town under this article, but prior to the town's removal and/or sale or disposition of a vehicle hereunder, any violation of this article or the failure to abide by any lawful order issued pursuant to this article shall be punishable as provided herein:

(1)

Notwithstanding subsections 1-11(b) and (f) of the Town Code of Ordinances, in accordance with the requirements of G.S. 160A-175(b), it is expressly declared that violation of any provision hereof or a failure to comply with any of its requirements or orders issued hereunder shall not be considered a misdemeanor or infraction under G.S. 14-4 or 14-3.1, but shall constitute a civil offense and shall subject the offender to a civil penalty as set forth herein. After notice of violation/warning citation has been issued and the violation is not corrected at the end of 15 calendar days, a civil citation shall be issued and civil penalties assessed as set forth in the table below.

NOTICE OF VIOLATION (NOV) OR INITIAL WARNING
Opportunity to Appeal to the Board of Commissioners within 15 days of NOV or initial warning
CITATION	CIVIL PENALTY AMOUNT
First Penalty Citation	$50.00
The fine shall be paid within 15 days and the violation shall be corrected within 15 days from citation.
Second Penalty Citation	$100.00
Issued after 15 days for on-going failure to abate and the violation shall be corrected within 15 days from citation.
Third Penalty Citation	$300.00
Issued after 15 days for on-going failure to abate and the violation shall be corrected within 15 days from citation.
Fourth Penalty Citation*	$500.00
Issued after 15 days for on-going failure to abate.	*per day for each day the nuisance continues

 

Any person violating this article shall be issued a warning citation and in the event of failure to abate, a subsequent civil penalty citation per the procedures set forth in subsections 1-11(h), (i) and (j) of the Town Code of Ordinances. Any citation of a violation may be issued by any police officer, town manager, building inspection officer, code enforcement officer or such other office as is charged from time to time by the board of commissioners with the enforcement of this article. However, the town manager or his or her designee in his or her sole discretion may:

a.

Reduce a civil penalty assessed based upon the totality of the circumstances; or

b.

Withhold issuance of a civil penalty citation in the event a property owner has commenced in good faith to remedy the violation but has not completed doing so at the expiration of the initial 15-day warning period.

(2)

Each day's continuing violation after the deadline set forth in the third civil penalty citation notice shall be a separate and distinct offense for purposes of the penalties and remedies set forth herein.

(Ord. No. 586, 2-19-2010; Ord. No. 591, 4-8-2010)