<div class="chunk-title">Sec. 1-8. - General penalty; continuing violations.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Wherever in this Code or in any ordinance of the county any act is prohibited or is
               made or declared to be unlawful or an offense or a misdemeanor, or wherever in such
               Code or ordinance the doing of any act is required or the failure to do any act is
               declared to be unlawful or an offense or an infraction or a misdemeanor, where no
               specific penalty is provided therefor the violation of any such provision of this
               Code or any such ordinance shall be punished by a fine of not more than $500.00 or
               by imprisonment for not more than 30 days for each separate violation; provided, that
               no fine shall exceed $50.00 unless the ordinance expressly states that the maximum
               fine is greater than $50.00. Each day any violation of this Code or any ordinance
               shall continue shall constitute a separate offense, unless otherwise specified.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               In addition to any criminal penalty set out in this section, violations 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 county
               finance officer within 15 days of the issuance of a citation, may be recovered by
               the county 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.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               In addition to any civil or criminal penalties set out in this section, any provision
               of this Code or any other county 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 county for equitable relief that
               there is an adequate remedy at law.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               In addition to any civil or criminal penalties set out in this section, any provision
               of this Code or any other county 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 county 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.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               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:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Buildings or other structures on the property be closed, demolished or removed;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Fixtures, furniture or other movable property be removed from buildings on the property;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Grass and weeds be cut;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Improvements or repairs be made; or
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Any other action be taken that is necessary to bring the property into compliance
               with this Code or such ordinance.
               </p>
            		
            <p class="p0">
               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 county may execute the order of abatement. The county 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.
               </p>
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The provisions of this Code and any other county 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.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Except as otherwise specifically provided, each day's continuing violation of any
               provision of this Code or any other county ordinance shall be a separate and distinct
               offense.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               A violation of this Code, the penalty for which is a civil penalty, shall be enforced
               as provided in subsections (i), (j) and (k) of this section.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Upon determination of a violation of any section of this Code, the penalty for which
               is a civil penalty, the county 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 following provisions:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <a href="" data-chunk-id="COOR_CH3AN" class="section-link" data-product-id="12419">Chapter 3</a>, <a href="" data-chunk-id="COOR_CH3AN_ARTIIWIHO_S3-36FERIPEPR" class="section-link" data-product-id="12419">section 3-36</a>;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <a href="" data-chunk-id="COOR_CH8LIBURE" class="section-link" data-product-id="12419">Chapter 8</a>, article IV;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <a href="" data-chunk-id="COOR_CH9OFMIPR" class="section-link" data-product-id="12419">Chapter 9</a>, <a href="" data-chunk-id="COOR_CH9OFMIPR_ARTIINGE_S9-1DIFIPR" class="section-link" data-product-id="12419">sections 9-1</a>, <a href="" data-chunk-id="COOR_CH9OFMIPR_ARTIINGE_S9-4MASAUSPYPR" class="section-link" data-product-id="12419">9-4</a>, <a href="" data-chunk-id="COOR_CH9OFMIPR_ARTIINGE_S9-7URDEANPUPLEXPUREPR" class="section-link" data-product-id="12419">9-7</a>, <a href="" data-chunk-id="COOR_CH9OFMIPR_ARTIINOCOOR_S9-33MAPESOLEUSOC" class="section-link" data-product-id="12419">9-33</a>, and article VI;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <a href="" data-chunk-id="COOR_CH10PARE" class="section-link" data-product-id="12419">Chapter 10</a>;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <a href="" data-chunk-id="COOR_CH12STSI" class="section-link" data-product-id="12419">Chapter 12</a>, article IV, <a href="" data-chunk-id="COOR_CH12STSI_ARTIVPARE_S12-62PAPR" class="section-link" data-product-id="12419">section 12-62</a>.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Upon failure of the violator to obey the warning citation, a civil citation shall
               be issued by the appropriate official of the county 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 county,
               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 county finance officer
               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.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               If the violator fails to respond to a citation within 15 days of its issuance and
               pay the penalty prescribed therein, the county 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 civil penalty.
               </p>
            		
            <p class="historynote0">
               (Ord. of 6-15-09, pt. I; Ord. No. 10-02, pt. 2, 3-1-10; Ord. of 4-21-14(1); Ord. of
               8-1-16, pt. II; Ord. of 9-5-2017, pt. IV; Ord. of 12-2-19(1), pt. II)
               </p>
            <p class="refcross0" block_type="hang"><b>Cross referenceâ€” </b>
               Offenses and miscellaneous provisions, <a href="" data-chunk-id="COOR_CH9OFMIPR" class="section-link" data-product-id="12419">Ch. 9</a>.
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Violations of county ordinances deemed misdemeanors punishable as prescribed above,
               G.S. 14-4. See also G.S. 153A-123, prescribing alternate methods for enforcement of
               ordinances and authorizing the making of each day's continuing violation a separate
               offense; injunction, G.S. 1-485 et seq.
               </p></div>