§ 1-6. Enforcement of Code; not exclusive remedy; continuing, multiple and chronic violations.

(a)

Notwithstanding G.S. 14-4 as amended and any successor statute, any other applicable criminal law the town is authorized to enforce, and section 4 of the town's adopting ordinance effective May 9, 1990, no violation of any town ordinance is a misdemeanor or infraction capable of being prosecuted in the criminal courts of the state unless another ordinance or another provision of this section provides that violation of a particular ordinance is a violation of G.S. 14-4 or other applicable criminal law the town is authorized to enforce. Unless another ordinance provides otherwise, each day of continuing violation of the statute is a separate and distinct offense. Nothing herein precludes town enforcement of its ordinances by any of the noncriminal remedies authorized by G.S. 160A-175, which the town may pursue for any violation of its ordinances.

(b)

The town may impose a civil charge for violation of any of its ordinances and for violation of any applicable fire prevention code of the state building code as authorized by G.S. 143-139, the amount of the civil charge having been found by the town as reasonably related to the actual administrative cost to the town in enforcing the ordinance. In each such instance, unless otherwise provided in this Code, each day of any violation of such Code or ordinance shall constitute a separate and distinct offense warranting imposition of an additional civil charge for each such additional violation, which civil charges may be recovered by the town in a civil action in the nature of debt, if any such charge has not been paid within 30 days of citation.

(c)

In addition, and unless otherwise provided by this Code, any provision of this Code 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 an ordinance occurs the town 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.

(d)

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 buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the ordinance. 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 town may execute an order for abatement. The town 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.

(e)

The town may notify a chronic violator of the town's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the town shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by certified mail. A chronic violator is a person who owns property whereupon, in the previous calendar year, the town gave notice of violation at least three times under any provision of a public nuisance ordinance.

(f)

Civil administrative charges for violations of this Code are set forth in the table in section 1-7, each of which are found by the town to be reasonably related to the administrative costs of the town in enforcing the same. In each such instance, unless otherwise provided in this Code, each day of any violation of such Code or ordinance shall constitute a separate and distinct offense and thereby warranting imposition of an additional civil charge for each such additional violation.

(g)

Criminal penalties for violations of penal provisions of this Code are as provided in G.S. 14-4. Specific monetary penalties for violations of specific provisions of this Code are set forth in table 2 in section 1-8. Where the monetary penalty specified in table 2 is stated as "up to the maximum," the maximum is that provided in G.S. 14-4(a) as amended or recodified. If the amount of the monetary penalty is not specified in table 2 or elsewhere in this Code, the penalty is that set forth in G.S. 14-4(a) as amended or recodified.

(h)

Penalties for violations of parking provisions of this Code are governed by G.S. 14-4(b).

(i)

Each day of any violation of subsections (h) and (i) of this section and table 2 shall constitute a separate and distinct offense, unless provided otherwise in the specific Code section.

(Code 1979, § 1-1005; Code 1990, § 1-6; Ord. No. 2012-001, § 1(1), 3-14-2012)