§ 162A‑9.1. Adoption and enforcement of ordinances.
(a) An authority shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances; and, an authority may seek and recover injunctive relief to insurecompliance with its ordinances as provided by this section.
(b) An ordinance may provide that its violation shall subjectthe offender to a civil penalty of not more than one thousand dollars ($1,000)per violation, to be recovered by the authority in a civil action in the natureof debt if the offender does not pay the penalty within a prescribed period oftime after he has been cited for violation of the ordinance. Any personassessed a civil penalty by the authority shall be notified of the assessmentby registered or certified mail, and the notice shall specify the reasons forthe assessment of the civil penalty. If the person assessed fails to pay theamount of the assessment to the authority within 30 days after receipt of suchnotice, or such longer period, not to exceed 180 days, as the authority mayspecify, the authority may institute a civil action in the General Court ofJustice of the county in which the violation occurred, or, in the discretion ofthe authority, in the General Court of Justice of the county in which theperson has his or its principal place of business, to recover the amount of theassessment. The validity of the authority's action in assessing the violatormay be appealed directly to the General Court of Justice in the county in whichthe violation occurred, or may be raised at any time in the action to recoverthe assessment. No failure to contest directly the validity of the authority'saction in levying the assessment shall preclude the person assessed from laterraising the issue of validity in any action to collect the assessment.
(c) An ordinance may provide that it may be enforced, and it maybe enforced, by any appropriate equitable remedy issuing from a court ofcompetent jurisdiction. In such cases, the General Court of Justice shall havejurisdiction and authority to issue such orders as may be appropriate toenforce the ordinances of the authority, and it shall not be a defense to theapplication made by the authority therefor that there is an adequate remedy atlaw.
(d) Subject to the express terms of any ordinance, an ordinanceadopted by the authority may be enforced by any one, all or a combination ofthe remedies authorized and prescribed by this section.
(e) An ordinance may provide, when appropriate, that each day'scontinuing violation thereof shall constitute and be a separate and distinctoffense. (1983, c. 820, s.2.)
§ 162A‑9.1. Adoption and enforcement of ordinances.
(a) An authority shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances; and, an authority may seek and recover injunctive relief to insurecompliance with its ordinances as provided by this section.
(b) An ordinance may provide that its violation shall subjectthe offender to a civil penalty of not more than one thousand dollars ($1,000)per violation, to be recovered by the authority in a civil action in the natureof debt if the offender does not pay the penalty within a prescribed period oftime after he has been cited for violation of the ordinance. Any personassessed a civil penalty by the authority shall be notified of the assessmentby registered or certified mail, and the notice shall specify the reasons forthe assessment of the civil penalty. If the person assessed fails to pay theamount of the assessment to the authority within 30 days after receipt of suchnotice, or such longer period, not to exceed 180 days, as the authority mayspecify, the authority may institute a civil action in the General Court ofJustice of the county in which the violation occurred, or, in the discretion ofthe authority, in the General Court of Justice of the county in which theperson has his or its principal place of business, to recover the amount of theassessment. The validity of the authority's action in assessing the violatormay be appealed directly to the General Court of Justice in the county in whichthe violation occurred, or may be raised at any time in the action to recoverthe assessment. No failure to contest directly the validity of the authority'saction in levying the assessment shall preclude the person assessed from laterraising the issue of validity in any action to collect the assessment.
(c) An ordinance may provide that it may be enforced, and it maybe enforced, by any appropriate equitable remedy issuing from a court ofcompetent jurisdiction. In such cases, the General Court of Justice shall havejurisdiction and authority to issue such orders as may be appropriate toenforce the ordinances of the authority, and it shall not be a defense to theapplication made by the authority therefor that there is an adequate remedy atlaw.
(d) Subject to the express terms of any ordinance, an ordinanceadopted by the authority may be enforced by any one, all or a combination ofthe remedies authorized and prescribed by this section.
(e) An ordinance may provide, when appropriate, that each day'scontinuing violation thereof shall constitute and be a separate and distinctoffense. (1983, c. 820, s.2.)
§ 162A‑9.1. Adoption and enforcement of ordinances.
(a) An authority shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances; and, an authority may seek and recover injunctive relief to insurecompliance with its ordinances as provided by this section.
(b) An ordinance may provide that its violation shall subjectthe offender to a civil penalty of not more than one thousand dollars ($1,000)per violation, to be recovered by the authority in a civil action in the natureof debt if the offender does not pay the penalty within a prescribed period oftime after he has been cited for violation of the ordinance. Any personassessed a civil penalty by the authority shall be notified of the assessmentby registered or certified mail, and the notice shall specify the reasons forthe assessment of the civil penalty. If the person assessed fails to pay theamount of the assessment to the authority within 30 days after receipt of suchnotice, or such longer period, not to exceed 180 days, as the authority mayspecify, the authority may institute a civil action in the General Court ofJustice of the county in which the violation occurred, or, in the discretion ofthe authority, in the General Court of Justice of the county in which theperson has his or its principal place of business, to recover the amount of theassessment. The validity of the authority's action in assessing the violatormay be appealed directly to the General Court of Justice in the county in whichthe violation occurred, or may be raised at any time in the action to recoverthe assessment. No failure to contest directly the validity of the authority'saction in levying the assessment shall preclude the person assessed from laterraising the issue of validity in any action to collect the assessment.
(c) An ordinance may provide that it may be enforced, and it maybe enforced, by any appropriate equitable remedy issuing from a court ofcompetent jurisdiction. In such cases, the General Court of Justice shall havejurisdiction and authority to issue such orders as may be appropriate toenforce the ordinances of the authority, and it shall not be a defense to theapplication made by the authority therefor that there is an adequate remedy atlaw.
(d) Subject to the express terms of any ordinance, an ordinanceadopted by the authority may be enforced by any one, all or a combination ofthe remedies authorized and prescribed by this section.
(e) An ordinance may provide, when appropriate, that each day'scontinuing violation thereof shall constitute and be a separate and distinctoffense. (1983, c. 820, s.2.)
