§ 58-3. Enforcement and penalties.

(a)

Pursuant to G.S. 160A-175, 160A-365, and 160A-389, any person violating any provision of this chapter shall be subject to a civil penalty of the greater of $50.00 per day for each day that the violation exists or ten times the permitting fee. Pursuant to G.S. 160A-175, any violator of this section is not subject to a misdemeanor, infraction, or prosecution criminally and is not subject to prosecution for violation of any State of North Carolina Penal Law; this is absolutely restricted to enforcement by civil action only. Proceeds from civil penalties collected under this chapter shall go into the town's general fund.

(b)

Pursuant to G.S. 160A-175, the town may file a civil action to recover said penalty if the offender does not pay said penalty within five days after the offender has been cited for violation of this chapter.

(c)

Pursuant to G.S. 160A-175, 160A-365, and 160A-389, the town may also seek any appropriate equitable relief issuing from a court of competent jurisdiction that it deems necessary to ensure compliance with the provisions of this chapter. 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.

(d)

Pursuant to G.S. 160A-389, if a building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter or other regulation made under the authority conferred thereby, the town, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about the premises.

(e)

Pursuant to G.S. 160A-175, the town may seek a mandatory or prohibitory injunction and an order of abatement commanding the offender to correct the unlawful condition upon or cease the unlawful use of the subject premises. 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.

(f)

The remedies provided in this section are cumulative, and the town may pursue any or all of the same as its direction. Each day that the violation exists shall constitute a separate and distinct offense.

(g)

Following a determination that a previous violation has been complied with, a recurrence of the same violation shall be considered a recurring violation and shall be subject to a civil penalty of $500.00 per day for each day that the violation exists. A recurring violation shall also be subject to any or all of the code enforcement penalties previously enacted by the town as allowed by law. To address a recurring violation, the town may initiate an investigation, examination or inspection regarding the violation to check for a recurrence of the same violation.

(Ord. No. 87-04-08, § 1.5, 4-8-1987; Ord. No. O-2013-09, 8-12-2013; Ord. No. O-2016-05, 5-9-2016)