Loading...
HomeMy WebLinkAboutC.054.93011_1488 (2)F Alternative remedies. Neither this article nor any of its provisions shall be construed to impair or limit in any way the power of the county to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this article by criminal process as authorized by G. S. 144 and sub -section G. of this section, and the enforcement of any remedy proved herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. G. Housing appeals board. The housing appeals board referred to in subsection 1-16(c) shall consist of the members of the board of county commissioners as it is constituted and sitting on the date that a particular appeal is heard by such board. The housing appeals board shalt perform those duties prescribed by subsection B (c) keeping accurate records of all proceedings. Sect 4-134 LEGAL PROVISIONS A. Conflict with other provisions. In the event any provision, standard, or requirement of this article is found to be in conflict with any provision of any other ordinance or code of the county or the state, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the county shall prevail. B. General penalty; continuing violations. (a) Whenever 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 whenever in such Code or ordinance the doing of any ad is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, when no specific penalty is provided therefore the violation of any such provision of this Code or any such ordinance shall be punishable by a fine of not more than fifty dollars ($50.00) or by imprisonment for not more than thirty (30) days, or both, for each separate violation. Each day any violation of this Code or any ordinance shall constitute a separate offense, unless otherwise specified. Except as set forth in subsection (b), violation of this Code or any other county ordinance shall be a misdemeanor. (b) Violation of any provision of this Code shall subject the offender to a civil penalty in the amount of one hundred dollars ($100.00), to be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within a period of seventy-two (72) hours after he has been cited for violation of the ordinance. Citation shall be in writing, signed by the appropriate department head or the department head's designee charged with the enforcement of the particular ordinance which has been violated, and shall be delivered or mailed to the offender either at their residence or at their place of business or at the place where the violation occurred. Each day's continuing violation shall be a separate and distinct offense. Violations of the following provisions shall not be misdemeanors, but shall subject the offender to the civil penalty, chapter 4; chapter 7; chapter 10; chapter 11; appendix A; appendix B; appendix C, and appendix D. Any action to recover such civil penalty may be joined in action for appropriate equitable or other legal remedy, including injunctions and orders of abatement and including an action to recover damages owing to the county by reason of expenses incurred by the county in abating, correcting, limiting, and otherwise dealing with the harmful effects of the offending action. State law references: Violations of county ordinances generally deemed misdemeanors punishable as prescribed above, G.S. § 144. 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 at seq.; liability of defendant in criminal actions, G. S. H 6-47, 6-48. C. Penalty not exclusive. (a) The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted hereunder. (b) if any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the county in addition to the imposition of a fine or imprisonment. (c) Any provision of this Code or other ordinance of the county may be enforced by any one (1) or more of the remedies authorized by G.S. Section 153A-123. D. Action to vacate a dwelling. if any occupant fails to comply with an order to vacate a dwelling, the public officer may file civil action in the name of the county to remove such occupant. Such civil action shall comply with the requirements of G.S. 160A- 443(7). E. Amendments. The board of commissioners may from time to time amend the terms of this article. No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. F. Severability.