§ 160A-175. Enforcement of ordinances.
§ 160A‑175. Enforcement of ordinances.
(a) A city shall have power to impose fines and penalties forviolation of its ordinances, and may secure injunctions and abatement orders tofurther insure compliance with its ordinances as provided by this section.
(b) Unless the Council shall otherwise provide, violation of acity ordinance is a misdemeanor or infraction as provided by G.S. 14‑4. An ordinance may provide by express statement that the maximum fine, term ofimprisonment, or infraction penalty to be imposed for a violation is someamount of money or number of days less than the maximum imposed by G.S. 14‑4.
(c) An ordinance may provide that violation shall subject theoffender to a civil penalty to be recovered by the city 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 city 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 case, the General Court of Justice shall have jurisdiction to issuesuch orders as may be appropriate, and it shall not be a defense to theapplication of the city for equitable relief that there is an adequate remedyat law.
(e) An ordinance that makes unlawful a condition existing uponor use made of real property may be enforced by injunction and order ofabatement, and the General Court of Justice shall have jurisdiction to issuesuch orders. When a violation of such an ordinance occurs the city may applyto the appropriate division of the General Court of Justice for a mandatory orprohibitory injunction and order of abatement commanding the defendant tocorrect 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 governingcivil proceedings, including the Rules of Civil Procedure in general and Rule65 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 city mayexecute the order of abatement. The city shall have a lien on the property forthe cost of executing an order of abatement in the nature of a mechanic's andmaterialman's lien. The defendant may secure cancellation of an order ofabatement by paying all costs of the proceedings and posting a bond forcompliance with the order. The bond shall be given with sureties approved bythe clerk of superior court in an amount approved by the judge before whom thematter is heard and shall be conditioned on the defendant's full compliancewith 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 injunctionissued in conjunction therewith.
(f) Subject to the express terms of the ordinance, a cityordinance may be enforced by any one, all, or a combination of the remediesauthorized and prescribed by this section.
(g) A city ordinance may provide, when appropriate, that eachday's continuing violation shall be a separate and distinct offense. (1971, c. 698, s. 1; 1985, c. 764, s. 35; 1993, c.329, s. 4.)