<div class="chunk-title">Sec. 1-6. - General penalty; enforcement of ordinances; continuing violations.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Unless otherwise specifically provided, violation of any provision of this Code or
               any other county ordinance shall subject the offender to the remedies provided in
               this section; except, that where the General Statutes provide specific remedies for
               violations of provisions of this Code adopted pursuant to such statutes, such remedies
               available to the county for enforcement of this Code shall be in addition to the remedies
               stated; provided, that no criminal penalties shall be applicable unless stated in
               this section as being applicable to specific chapters or provisions of this Code.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Violations of any provision of the chapters and sections of this Code shall be a misdemeanor
               and punishable as provided by G.S. 14-4.
               </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="b0">
               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 with the order.
               </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">
               Any ordinances adopted by the board of commissioners 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.
               </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 may cause a warning citation to be issued to the violator,
               setting out the nature of the violation, the section violated, 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.
               </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 Postal 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 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 treasurer, located
               in the county 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.
               </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 in the citation, the county may institute a civil action
               in the nature of debt in the appropriate division of the general court of justice
               for the collection of the penalty.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               Any provision in this Code for an appeals hearing from an initial department decision
               or citation, shall be conducted in accordance with the following rules of conduct,
               except as specifically stated otherwise in this subsection:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Hearings shall be conducted in a fair and impartial manner. At the hearing, the county
               department and the parties shall be given an opportunity to present evidence on issues
               of fact, examine and cross-examine witnesses, submit rebuttal evidence, and present
               arguments on the issues of law or policy. If a party fails to appear in a contested
               case after he has been given proper notice, the hearing officer may continue the hearing
               or proceed with the hearing and make its decision in the absence of the party.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The person authorized by ordinance to conduct a hearing may designate one or more
               persons to preside at the hearing. If a party files in good faith a timely and sufficient
               affidavit of the personal bias or other reason for disqualification of any such hearing
               officer, the county shall determine the matter as part of the record in the case,
               and its determination shall be subject to judicial review at the conclusion of the
               proceeding. If a hearing officer is disqualified or it is impracticable for him to
               continue the hearing, another hearing officer shall be assigned to continue with the
               case.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The presiding hearing officer may:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Administer oaths and affirmations.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Regulate the course of the hearings, set the time and place for continued hearings,
               and fix the time for filing of briefs and other documents.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Direct the parties to appear and confer to consider simplification of the issues by
               consent of the parties.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Issue a final order or decision binding upon the parties.
               </p>
            		
            <p class="historynote0">
               (Code 1978, Â§ 1-6)
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Similar provisions, G.S. 153-123; penalty for violation of county ordinances, G.S.
               14-4; violations of county ordinances deemed misdemeanors punishable as prescribed
               in this section, G.S. 14-4; alternate methods of enforcement of ordinances, G.S. 153A-123;
               enumeration not exclusive, G.S. 153A-124.
               </p></div>