(a) A county may provide for fines and penalties for violationof its ordinances and may secure injunctions and abatement orders to furtherinsure compliance with its ordinances, as provided by this section.
(b) Unless the board of commissioners has provided otherwise,violation of a county ordinance is a misdemeanor or infraction as provided byG.S. 14‑4. An ordinance may provide by express statement that themaximum fine, term of imprisonment, or infraction penalty to be imposed for aviolation is some amount of money or number of days less than the maximumimposed by G.S. 14‑4.
(c) An ordinance may provide that violation subjects theoffender to a civil penalty to be recovered by the county in a civil action inthe nature of debt if the offender does not pay the penalty within a prescribedperiod of time after he has been cited for violation of the ordinance.
(c1) An ordinance may provide for the recovery of a civil penaltyby the county for violation of the fire prevention code of the State BuildingCode as authorized under G.S. 143‑139.
(d) An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from a court of competent jurisdiction. In such a case, the General Court of Justice has jurisdiction to issue anyorder that may be appropriate, and it is not a defense to the county'sapplication for equitable relief that there is an adequate remedy at law.
(e) An ordinance that makes unlawful a condition existing uponor use made of real property may provide that it may be enforced by injunctionand order of abatement, and the General Court of Justice has jurisdiction toissue such an order. When a violation of such an ordinance occurs, the countymay apply to the appropriate division of the General Court of Justice for amandatory or prohibitory injunction and order of abatement commanding thedefendant to correct the unlawful condition upon or cease the unlawful use ofthe property. The action shall be governed in all respects by the laws andrules governing civil proceedings, including the Rules of Civil Procedure ingeneral and Rule 65 in particular.
In addition to an injunction, the court may enter an order of abatementas a part of the judgment in the cause. An order of abatement may direct thatbuildings or other structures on the property be closed, demolished, orremoved; that fixtures, furniture, or other movable property be removed frombuildings on the property; that grass and weeds be cut; that improvements orrepairs be made; or that any other action be taken that is necessary to bringthe property into compliance with the ordinance. If the defendant fails orrefuses to comply with an injunction or with an order of abatement within thetime allowed by the court, he may be cited for contempt and the county mayexecute the order of abatement. If the county executes the order, it has alien on the property, in the nature of a mechanic's and materialman's lien, forthe costs of executing the order. The defendant may secure cancellation of anorder of abatement by paying all costs of the proceedings and posting a bondfor compliance with the order. The bond shall be given with sureties approvedby the clerk of superior court in an amount approved by the judge before whomthe matter was heard and shall be conditioned on the defendant's fullcompliance with the terms of the order of abatement within the time fixed bythe judge. Cancellation of an order of abatement does not suspend or cancel aninjunction issued in conjunction with the order.
(f) Subject to the express terms of the ordinance, a countyordinance may be enforced by any one or more of the remedies authorized by thissection.
(g) A county ordinance may provide, when appropriate, that eachday's continuing violation is a separate and distinct offense. (1973, c. 822, s. 1; 1985, c. 764, s. 34; 1985 (Reg.Sess., 1986), c. 852, s. 17; 1993, c. 329, s. 5.)
(a) A county may provide for fines and penalties for violationof its ordinances and may secure injunctions and abatement orders to furtherinsure compliance with its ordinances, as provided by this section.
(b) Unless the board of commissioners has provided otherwise,violation of a county ordinance is a misdemeanor or infraction as provided byG.S. 14‑4. An ordinance may provide by express statement that themaximum fine, term of imprisonment, or infraction penalty to be imposed for aviolation is some amount of money or number of days less than the maximumimposed by G.S. 14‑4.
(c) An ordinance may provide that violation subjects theoffender to a civil penalty to be recovered by the county in a civil action inthe nature of debt if the offender does not pay the penalty within a prescribedperiod of time after he has been cited for violation of the ordinance.
(c1) An ordinance may provide for the recovery of a civil penaltyby the county for violation of the fire prevention code of the State BuildingCode as authorized under G.S. 143‑139.
(d) An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from a court of competent jurisdiction. In such a case, the General Court of Justice has jurisdiction to issue anyorder that may be appropriate, and it is not a defense to the county'sapplication for equitable relief that there is an adequate remedy at law.
(e) An ordinance that makes unlawful a condition existing uponor use made of real property may provide that it may be enforced by injunctionand order of abatement, and the General Court of Justice has jurisdiction toissue such an order. When a violation of such an ordinance occurs, the countymay apply to the appropriate division of the General Court of Justice for amandatory or prohibitory injunction and order of abatement commanding thedefendant to correct the unlawful condition upon or cease the unlawful use ofthe property. The action shall be governed in all respects by the laws andrules governing civil proceedings, including the Rules of Civil Procedure ingeneral and Rule 65 in particular.
In addition to an injunction, the court may enter an order of abatementas a part of the judgment in the cause. An order of abatement may direct thatbuildings or other structures on the property be closed, demolished, orremoved; that fixtures, furniture, or other movable property be removed frombuildings on the property; that grass and weeds be cut; that improvements orrepairs be made; or that any other action be taken that is necessary to bringthe property into compliance with the ordinance. If the defendant fails orrefuses to comply with an injunction or with an order of abatement within thetime allowed by the court, he may be cited for contempt and the county mayexecute the order of abatement. If the county executes the order, it has alien on the property, in the nature of a mechanic's and materialman's lien, forthe costs of executing the order. The defendant may secure cancellation of anorder of abatement by paying all costs of the proceedings and posting a bondfor compliance with the order. The bond shall be given with sureties approvedby the clerk of superior court in an amount approved by the judge before whomthe matter was heard and shall be conditioned on the defendant's fullcompliance with the terms of the order of abatement within the time fixed bythe judge. Cancellation of an order of abatement does not suspend or cancel aninjunction issued in conjunction with the order.
(f) Subject to the express terms of the ordinance, a countyordinance may be enforced by any one or more of the remedies authorized by thissection.
(g) A county ordinance may provide, when appropriate, that eachday's continuing violation is a separate and distinct offense. (1973, c. 822, s. 1; 1985, c. 764, s. 34; 1985 (Reg.Sess., 1986), c. 852, s. 17; 1993, c. 329, s. 5.)
(a) A county may provide for fines and penalties for violationof its ordinances and may secure injunctions and abatement orders to furtherinsure compliance with its ordinances, as provided by this section.
(b) Unless the board of commissioners has provided otherwise,violation of a county ordinance is a misdemeanor or infraction as provided byG.S. 14‑4. An ordinance may provide by express statement that themaximum fine, term of imprisonment, or infraction penalty to be imposed for aviolation is some amount of money or number of days less than the maximumimposed by G.S. 14‑4.
(c) An ordinance may provide that violation subjects theoffender to a civil penalty to be recovered by the county in a civil action inthe nature of debt if the offender does not pay the penalty within a prescribedperiod of time after he has been cited for violation of the ordinance.
(c1) An ordinance may provide for the recovery of a civil penaltyby the county for violation of the fire prevention code of the State BuildingCode as authorized under G.S. 143‑139.
(d) An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from a court of competent jurisdiction. In such a case, the General Court of Justice has jurisdiction to issue anyorder that may be appropriate, and it is not a defense to the county'sapplication for equitable relief that there is an adequate remedy at law.
(e) An ordinance that makes unlawful a condition existing uponor use made of real property may provide that it may be enforced by injunctionand order of abatement, and the General Court of Justice has jurisdiction toissue such an order. When a violation of such an ordinance occurs, the countymay apply to the appropriate division of the General Court of Justice for amandatory or prohibitory injunction and order of abatement commanding thedefendant to correct the unlawful condition upon or cease the unlawful use ofthe property. The action shall be governed in all respects by the laws andrules governing civil proceedings, including the Rules of Civil Procedure ingeneral and Rule 65 in particular.
In addition to an injunction, the court may enter an order of abatementas a part of the judgment in the cause. An order of abatement may direct thatbuildings or other structures on the property be closed, demolished, orremoved; that fixtures, furniture, or other movable property be removed frombuildings on the property; that grass and weeds be cut; that improvements orrepairs be made; or that any other action be taken that is necessary to bringthe property into compliance with the ordinance. If the defendant fails orrefuses to comply with an injunction or with an order of abatement within thetime allowed by the court, he may be cited for contempt and the county mayexecute the order of abatement. If the county executes the order, it has alien on the property, in the nature of a mechanic's and materialman's lien, forthe costs of executing the order. The defendant may secure cancellation of anorder of abatement by paying all costs of the proceedings and posting a bondfor compliance with the order. The bond shall be given with sureties approvedby the clerk of superior court in an amount approved by the judge before whomthe matter was heard and shall be conditioned on the defendant's fullcompliance with the terms of the order of abatement within the time fixed bythe judge. Cancellation of an order of abatement does not suspend or cancel aninjunction issued in conjunction with the order.
(f) Subject to the express terms of the ordinance, a countyordinance may be enforced by any one or more of the remedies authorized by thissection.
(g) A county ordinance may provide, when appropriate, that eachday's continuing violation is a separate and distinct offense. (1973, c. 822, s. 1; 1985, c. 764, s. 34; 1985 (Reg.Sess., 1986), c. 852, s. 17; 1993, c. 329, s. 5.)
