Violations and penalties.
(a)
Civil penalties.
(1)
Violations of this section may be enforced through the issuance of citations in the form of a civil penalty authorized by G.S. 153A-123 and identified in subsection (a)(2) of this section. The county may recover this penalty within seventy-two (72) hours after issuing a citation for a violation. In addition, failure to pay the civil penalty may subject the owner to civil action in the nature of debt if the penalty is not paid in the prescribed period of time.
(2)
The following civil penalties are established for violations under this chapter:
a.
Warning citation .....No penalties
b.
First citation .....$25.00
c.
Second citation for the same offense .....$50.00
d.
Third and subsequent violations for the same offense .....$100.00
Upon issuance of a warning citation, first citation or second citation, the owner or developer shall have seven (7) days to correct the violation or make satisfactory progress to correct the violation before additional penalties are assessed. Upon issuance of the third citation, each additional day's violation is a separate and distinct offense and shall incur an additional one hundred dollar ($100.00) fine.
(b)
Injunctive relief. Whenever the county attorney has reasonable cause to believe that any person is violating or threatening to violate this article or any term, condition, or provision of approval, the county attorney may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from civil penalty prescribed for violations of this chapter.
(Ord. of 1-19-98, § I; Amend. of 9-15-25)
Violations and penalties.
(a)
Civil penalties.
(1)
Violations of this section may be enforced through the issuance of citations in the form of a civil penalty authorized by G.S. 153A-123 and identified in subsection (a)(2) of this section. The county may recover this penalty within seventy-two (72) hours after issuing a citation for a violation. In addition, failure to pay the civil penalty may subject the owner to civil action in the nature of debt if the penalty is not paid in the prescribed period of time.
(2)
The following civil penalties are established for violations under this chapter:
a.
Warning citation .....No penalties
b.
First citation .....$25.00
c.
Second citation for the same offense .....$50.00
d.
Third and subsequent violations for the same offense .....$100.00
Upon issuance of a warning citation, first citation or second citation, the owner or developer shall have seven (7) days to correct the violation or make satisfactory progress to correct the violation before additional penalties are assessed. Upon issuance of the third citation, each additional day's violation is a separate and distinct offense and shall incur an additional one hundred dollar ($100.00) fine.
(b)
Injunctive relief. Whenever the county attorney has reasonable cause to believe that any person is violating or threatening to violate this article or any term, condition, or provision of approval, the county attorney may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from civil penalty prescribed for violations of this chapter.
(Ord. of 1-19-98, § I; Amend. of 9-15-25)