§ 1-6. General penalty; enforcement of ordinances; continuing violations.

(a)

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.

(b)

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.

(c)

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.

(d)

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.

(e)

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:

(1)

Buildings or other structures on the property be closed, demolished or removed;

(2)

Fixtures, furniture or other movable property be removed from buildings on the property;

(3)

Grass and weeds be cut;

(4)

Improvements or repairs be made; or

(5)

Any other action be taken that is necessary to bring the property into compliance with this Code or such 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 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.

(f)

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.

(g)

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.

(h)

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.

(i)

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.

(j)

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.

(k)

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.

(l)

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:

(1)

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.

(2)

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.

(3)

The presiding hearing officer may:

a.

Administer oaths and affirmations.

b.

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.

c.

Direct the parties to appear and confer to consider simplification of the issues by consent of the parties.

d.

Issue a final order or decision binding upon the parties.

(Code 1978, § 1-6)

State law reference

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.