State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-211

§ 113A‑211. Enforcement and penalties.

(a)        Violations of this Article shall be subject to the samecriminal sanctions, civil penalties and equitable remedies as violations ofcounty ordinances under G.S. 153A‑123.

(b)        Any person injured by a violation of this Article or anyperson who resides in the county in which the violation occurred may bring acivil action against the person alleged to be in violation. The action mayseek:

(1)        Injunctive relief; or

(2)        An order enforcing the provision violated; or

(3)        Damages caused by the violation; or

(4)        Both damages and injunctive relief; or

(5)        Both damages and an enforcement order; or

(6)        Both an enforcement order and injunctive relief.

Ifactual damages as found by the court or jury in suits brought under this subsectionare five hundred dollars ($500.00) or less, the plaintiff shall be awardeddouble the amount of actual damages; if the amount of actual damages as foundby the court or jury is greater than five hundred dollars ($500.00), theplaintiff shall receive damages in the amount so found. Injunctive relief or anenforcement order under this subsection may be based upon a threatened injury,an actual injury, or both.

Civil actions under this subsection shall be brought in the GeneralCourt of Justice of the county in which the alleged violation  occurred. Thecourt, in issuing any final order in any action brought  pursuant to thissection may award costs of litigation, including reasonable attorney and expert‑witnessfees, to any party, whenever it determines that such an award is appropriate.The court may, if a temporary restraining order or preliminary injunction issought, require the filing of a bond or equivalent security, the amount of suchbond or security to be determined by the court. Nothing in this section shallrestrict any right which any person or class of persons  may have under thecommon law or under any statute to seek injunctive or other relief.

(c)        Within the meaning of this section, violations of thisArticle  include violations of local ordinances adopted pursuant to G.S. 113A‑208. (1983, c. 676, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-211

§ 113A‑211. Enforcement and penalties.

(a)        Violations of this Article shall be subject to the samecriminal sanctions, civil penalties and equitable remedies as violations ofcounty ordinances under G.S. 153A‑123.

(b)        Any person injured by a violation of this Article or anyperson who resides in the county in which the violation occurred may bring acivil action against the person alleged to be in violation. The action mayseek:

(1)        Injunctive relief; or

(2)        An order enforcing the provision violated; or

(3)        Damages caused by the violation; or

(4)        Both damages and injunctive relief; or

(5)        Both damages and an enforcement order; or

(6)        Both an enforcement order and injunctive relief.

Ifactual damages as found by the court or jury in suits brought under this subsectionare five hundred dollars ($500.00) or less, the plaintiff shall be awardeddouble the amount of actual damages; if the amount of actual damages as foundby the court or jury is greater than five hundred dollars ($500.00), theplaintiff shall receive damages in the amount so found. Injunctive relief or anenforcement order under this subsection may be based upon a threatened injury,an actual injury, or both.

Civil actions under this subsection shall be brought in the GeneralCourt of Justice of the county in which the alleged violation  occurred. Thecourt, in issuing any final order in any action brought  pursuant to thissection may award costs of litigation, including reasonable attorney and expert‑witnessfees, to any party, whenever it determines that such an award is appropriate.The court may, if a temporary restraining order or preliminary injunction issought, require the filing of a bond or equivalent security, the amount of suchbond or security to be determined by the court. Nothing in this section shallrestrict any right which any person or class of persons  may have under thecommon law or under any statute to seek injunctive or other relief.

(c)        Within the meaning of this section, violations of thisArticle  include violations of local ordinances adopted pursuant to G.S. 113A‑208. (1983, c. 676, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113A > GS_113A-211

§ 113A‑211. Enforcement and penalties.

(a)        Violations of this Article shall be subject to the samecriminal sanctions, civil penalties and equitable remedies as violations ofcounty ordinances under G.S. 153A‑123.

(b)        Any person injured by a violation of this Article or anyperson who resides in the county in which the violation occurred may bring acivil action against the person alleged to be in violation. The action mayseek:

(1)        Injunctive relief; or

(2)        An order enforcing the provision violated; or

(3)        Damages caused by the violation; or

(4)        Both damages and injunctive relief; or

(5)        Both damages and an enforcement order; or

(6)        Both an enforcement order and injunctive relief.

Ifactual damages as found by the court or jury in suits brought under this subsectionare five hundred dollars ($500.00) or less, the plaintiff shall be awardeddouble the amount of actual damages; if the amount of actual damages as foundby the court or jury is greater than five hundred dollars ($500.00), theplaintiff shall receive damages in the amount so found. Injunctive relief or anenforcement order under this subsection may be based upon a threatened injury,an actual injury, or both.

Civil actions under this subsection shall be brought in the GeneralCourt of Justice of the county in which the alleged violation  occurred. Thecourt, in issuing any final order in any action brought  pursuant to thissection may award costs of litigation, including reasonable attorney and expert‑witnessfees, to any party, whenever it determines that such an award is appropriate.The court may, if a temporary restraining order or preliminary injunction issought, require the filing of a bond or equivalent security, the amount of suchbond or security to be determined by the court. Nothing in this section shallrestrict any right which any person or class of persons  may have under thecommon law or under any statute to seek injunctive or other relief.

(c)        Within the meaning of this section, violations of thisArticle  include violations of local ordinances adopted pursuant to G.S. 113A‑208. (1983, c. 676, s. 1.)