State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-81

§ 162A‑81. Adoption and enforcement of ordinances.

(a)        A district shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances, and may secure injunctions to further insure compliance with itsordinances 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)to be recovered by the district in a civil action in the nature of debt if theoffender does not pay the penalty within a prescribed period of time after hehas been cited for violation of the ordinance. Any person assessed a civilpenalty by the district shall be notified of the assessment by registered orcertified mail, and the notice shall specify the reasons for the assessment. Ifthe person assessed fails to pay the amount of the assessment to the districtwithin 30 days after receipt of notice, or such longer period, not to exceed180 days, as the district may specify, the district may institute a civilaction in the General Court of Justice of the county in which the violationoccurred or, in the discretion of the district, in the General Court of Justiceof the county in which the person assessed has his or its principal place ofbusiness, to recover the amount of the assessment. The validity of thedistrict's action may be appealed directly to General Court of Justice in thecounty in which the violation occurred, or may be raised at any time in theaction to recover the assessment. Neither failure to contest the district'saction directly nor failure to raise the issue of validity in the action torecover an assessment precludes the other.

(c)        An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from court of competent jurisdiction. Insuch case, the General Court of Justice shall have jurisdiction to issue suchorders as may be appropriate and it shall not be a defense to the applicationof the district for equitable relief that there is an adequate remedy at law.

(d)        Subject to the express terms of an ordinance, a districtordinance may be enforced by any one, all, or a combination of the remediesauthorized and prescribed by this section.

(e)        An ordinance may provide, when appropriate, that each day'scontinuing violation shall be a separate and distinct offense. (1983, c. 333, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-81

§ 162A‑81. Adoption and enforcement of ordinances.

(a)        A district shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances, and may secure injunctions to further insure compliance with itsordinances 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)to be recovered by the district in a civil action in the nature of debt if theoffender does not pay the penalty within a prescribed period of time after hehas been cited for violation of the ordinance. Any person assessed a civilpenalty by the district shall be notified of the assessment by registered orcertified mail, and the notice shall specify the reasons for the assessment. Ifthe person assessed fails to pay the amount of the assessment to the districtwithin 30 days after receipt of notice, or such longer period, not to exceed180 days, as the district may specify, the district may institute a civilaction in the General Court of Justice of the county in which the violationoccurred or, in the discretion of the district, in the General Court of Justiceof the county in which the person assessed has his or its principal place ofbusiness, to recover the amount of the assessment. The validity of thedistrict's action may be appealed directly to General Court of Justice in thecounty in which the violation occurred, or may be raised at any time in theaction to recover the assessment. Neither failure to contest the district'saction directly nor failure to raise the issue of validity in the action torecover an assessment precludes the other.

(c)        An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from court of competent jurisdiction. Insuch case, the General Court of Justice shall have jurisdiction to issue suchorders as may be appropriate and it shall not be a defense to the applicationof the district for equitable relief that there is an adequate remedy at law.

(d)        Subject to the express terms of an ordinance, a districtordinance may be enforced by any one, all, or a combination of the remediesauthorized and prescribed by this section.

(e)        An ordinance may provide, when appropriate, that each day'scontinuing violation shall be a separate and distinct offense. (1983, c. 333, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_162A > GS_162A-81

§ 162A‑81. Adoption and enforcement of ordinances.

(a)        A district shall have the same power as a city under G.S.160A‑175 to assess civil fines and penalties for violation of itsordinances, and may secure injunctions to further insure compliance with itsordinances 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)to be recovered by the district in a civil action in the nature of debt if theoffender does not pay the penalty within a prescribed period of time after hehas been cited for violation of the ordinance. Any person assessed a civilpenalty by the district shall be notified of the assessment by registered orcertified mail, and the notice shall specify the reasons for the assessment. Ifthe person assessed fails to pay the amount of the assessment to the districtwithin 30 days after receipt of notice, or such longer period, not to exceed180 days, as the district may specify, the district may institute a civilaction in the General Court of Justice of the county in which the violationoccurred or, in the discretion of the district, in the General Court of Justiceof the county in which the person assessed has his or its principal place ofbusiness, to recover the amount of the assessment. The validity of thedistrict's action may be appealed directly to General Court of Justice in thecounty in which the violation occurred, or may be raised at any time in theaction to recover the assessment. Neither failure to contest the district'saction directly nor failure to raise the issue of validity in the action torecover an assessment precludes the other.

(c)        An ordinance may provide that it may be enforced by anappropriate equitable remedy issuing from court of competent jurisdiction. Insuch case, the General Court of Justice shall have jurisdiction to issue suchorders as may be appropriate and it shall not be a defense to the applicationof the district for equitable relief that there is an adequate remedy at law.

(d)        Subject to the express terms of an ordinance, a districtordinance may be enforced by any one, all, or a combination of the remediesauthorized and prescribed by this section.

(e)        An ordinance may provide, when appropriate, that each day'scontinuing violation shall be a separate and distinct offense. (1983, c. 333, s. 4.)