§ 1-11. General penalty; parking penalty; enforcement of ordinances; continuing violations.

(a)

General penalty. Except as otherwise provided herein, whenever in this Code or in any ordinance of the city 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 act is required or the failure to do any act is declared to be unlawful where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding thirty (30) days or both. Every day any violation of this Code or any ordinance of the city shall continue shall constitute a separate offense.

(b)

Parking penalty. If any person shall violate a provision of this Code or any ordinance of the city regulating the operation or parking of vehicles, where no specific penalty is provided therefor, he shall be responsible for an infraction and shall be required to pay a penalty of not more than fifty dollars ($50.00).

(c)

Enforcement of ordinances; civil penalties. Civil penalties may be imposed upon a violator of this Code or an ordinance of the city pursuant to the procedure set forth herein:

(1)

Citations:

a.

Issuance of citation. The code enforcement officer or other authorized officer, agent or employee of the City of Wilson is empowered to issue warning citations and citations with fines, if there is a reasonable cause to believe that any provision of the City of Wilson Code of Ordinances has been violated. Where a provision has been violated, such citation(s) shall be issued to the violator.

b.

Violator. A violator of a provision of the Code or an ordinance of the city shall be deemed to be the owner of the premises, the agent of the owner authorized to be responsible for the premises, and/or the appropriate occupant, lessee, employee or person having immediate beneficial use of and/or responsibility over the premises or property.

c.

Methods of issuance of citations. A citation shall be considered issued if it is delivered in person to the violator, or if the violator cannot be readily found, then the citation may be mailed to the last known mailing address of the owner or agent shown on public records. If the violator cannot be found and after other reasonable efforts have been made to communicate the existence of the violation to the owner or agent, then the citation shall also be considered issued if directed to the owner, agent or occupant and left at the place of residence or location of the violation.

d.

Warning citation. The initial citation for a violation shall be a warning citation. The warning citation shall set forth a date, time and location of a violation hearing to be held by the code enforcement officer as hereinafter set forth in section (c)(2).

e.

Citations with fines. If the violation continues after the deadline to correct a violation established after the violation hearing by the order requiring removal or correction of a violation, and no appeal has been filed prior to this date, then a citation with a fine in an initial amount of twenty-five dollars ($25.00) shall be authorized to be issued against the violator. Thereafter, each day the violation continues shall be deemed an additional offense and additional citations with increasing fines up to one hundred dollars ($100.00) may be issued each day the violation continues. A hearing is not required for issuance of subsequent citations with fines after the issuance of a warning citation. Any unpaid citations and delinquency charges shall be cumulative and shall be recovered in a civil action in the nature of debt as well as any attorney fees incurred by the city incident thereto.

f.

Delinquency charge. A citation with a fine shall direct the violator to make payment of the fine at the city collection's desk in the city hall within fifteen (15) days of the issuance, after which time a delinquency charge of ten dollars ($10.00) shall be added to an unpaid fine shown on the citation. The citation shall inform the violator that a civil complaint or criminal summons may be filed if the citation and delinquency charge is not paid within fifteen (15) days from the date of delinquency. Further, the citation shall state that the violation is a continuing violation and additional citations may be issued with escalating amounts for a continuing violation.

g.

Records. All citation forms shall be serially numbered. Records of citations shall be maintained for a reasonable period of time.

(2)

Hearings:

a.

Violation hearings. The office of the code enforcement officer shall hold a hearing on a violation cited by a warning citation. Such hearing shall be held at a specified time and place as set forth in the warning citation. At this hearing, the violator, if present, shall be given an opportunity to be heard. After conducting the hearing the office of the code enforcement officer is authorized to issue an order requiring removal or correction of a violation, if there is still reasonable cause to believe the violation continues to exist. Such order shall give the violator notice to correct the violation by a certain date (at least five (5) working days from the date of the hearing) after which time citations with fines as set forth in section (1) above, are authorized to be levied if the violation continues. A violator shall not be given more than six (6) months in order to correct or remove the violation except through appeal to the city council.

b.

Appeals. The amount of a citation fine cannot be appealed to the city council, if after the violator was sent a warning citation and following a violation hearing, the violator did not make an appeal to the city council within the prescribed deadline for correcting a violation as set forth in the order requiring removal or correction of a violation.

(d)

Applicability. The existing provisions of the City of Wilson Code of Ordinances, a violation of which shall subject the offender to civil penalties and/or criminal penal provisions of law, are as hereinafter set forth:

(1)

Chapter 3: Advertising

(2)

Chapter 4: Alcoholic Beverages

(3)

Chapter 5: Amusements

(4)

Chapter 8: Aviation

(5)

Chapter 9: Cemeteries

(6)

Chapter 17: Health and Sanitation

(7)

Chapter 19: Lakes

(8)

Chapter 23: Municipal Stadium

(9)

Chapter 24: Noise

(10)

Chapter 25: Offenses and Miscellaneous Provisions

(11)

Chapter 27: Parks and Recreation

(12)

Chapter 28: Pawn Brokers

(13)

Chapter 29: Peddlers

(14)

Chapter 32: Railroads

(15)

Chapter 33: Solid Waste

(16)

Chapter 34: Streets and Sidewalks

(17)

Chapter 39: Abandoned Structures

(18)

Chapter 43: Housing

(19)

Appendix B: Airport Obstructions Zoning Ordinance

(20)

Appendix C: Subdivisions

Any ordinances hereafter adopted by the city council, the violation which shall incur a penalty shall specify whether the enforcement shall be pursuant to the civil penalty and/or criminal penal provisions of this section.

(e)

Other remedies:

(1)

Equitable remedies generally. In addition to the civil penalties set out herein, any provision of this Code or any other city ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case. the general court of justice shall have jurisdiction to issue such orders as may be appropriate and it shall not be a defense to the application of the city for equitable relief that there is an adequate remedy at law.

(2)

Abatement:

a.

In addition to the civil penalties set out herein any provision of this Code or any other city ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement by the general court of justice. When a violation of such a provision occurs the city may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings including the rules of civil procedure in general and Rule 65 in particular.

b.

An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property; that abandoned or junked vehicles be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with this Code or such ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings, including attorney fees, and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.

(3)

Nonexclusive remedies. Any one, all or any combination of the foregoing penalties and other additional or in lieu of remedies chosen by the city may be used to enforce the provisions of this Code.

(Code 1969, § 1-10; O-075-93, Pt. 1, 12-16-93)

State law reference

Injunctions, G.S. 1A-1, Rule 65; penalties for violations of ordinances, G.S. 14-4; enforcement of ordinances, G.S. 160A-175.