§ 1-15. Administrative civil penalties

(a) Wherever in this Code or in any ordinance of the town or regulation of any officer or agency of the town, under authority duly vested in him/her or it, any act is prohibited or is made or declared to be unlawful or any offense wherever in such Code, ordinance or regulation, the doing of any act is required or the failure to do any act is declared to be unlawful or an offense in that event, any such violation shall subject the offender to a civil penalty in such an amount as set out in the Code by the issuance of a civil citation which must be paid within seventy-two (72) hours after receipt of same and each day of any such violation continues shall constitute a separate offense for which a civil citation may be issued.

(b) Any officer or agency of the town or employee of the town duly authorized and empowered to enforce any of the provisions of this code shall upon determining that there has been a violation; notify the violator and the notice shall set forth the nature, date and time of violation and amount of the scheduled penalty.

(c) Once such notice is given, the alleged violator may, within seventy-two (72) hours of the time of issuance of the notice, pay the amount set forth in person or by mail at the town hall of the Town of Kure Beach. Any person contesting an administrative offense pursuant to this Code, may within seventy-two (72) hours of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informed hearing.

(d) Administrative hearing, at any time before the expiration of the period specified in the notice to abate or specified for payment of the civil citation, the owner or occupant of the property or, in the instance of a citation, the party cited may request a hearing before the hearing officer or his designee. The request for a hearing must be in writing and must be filed in the office of the town clerk. The officer of his designee shall fix a time for the hearing, and the initial abatement order or citation collection may be temporarily suspended pending such hearing. At the hearing, the individual affected by the order or citation shall be given the opportunity to present evidence to refute the findings that support the abatement order or citation. Upon completion of the hearing, the hearing officer or his designee, shall consider the evidence before him and shall either revoke the initial order, issue a final order that differs from the initial order, or reinstate the initial order as a final abatement order or in the instance of a citation, affirm or nullify the civil penalty.

(e) Notwithstanding subsection (b) above, provisions of this Code may be enforced through equitable remedies issued by a court of competent jurisdiction.

(f) The town attorney is hereby authorized to file suit on behalf of the town to collect any unpaid citations and the finance officer is hereby authorized to verify and sign complaints on behalf of the town in such suits.

(Ord. of 8-18-92; Ord. of 8-15-00)

refstatelaw

Penalties, G.S. § 160A-175.