§ 9-48. Violations; penalties.

(a)

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the dwelling or dwelling unit or to vacate and close and remove or demolish the dwelling or dwelling unit, upon order of the inspector duly made and served as provided in this article, within the time specified in such order, and each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to section 9-41 of this article, to occupy or permit the occupancy of the dwelling or dwelling unit after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

(b)

The violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. section 14-4 and shall be punishable as provided in section 1-12.

(c)

A violation of any of the provisions of this article shall also subject the offender to a civil penalty of one hundred dollars ($100.00). As provided above in subsection 9-41(c)(2)d., civil penalties shall not be levied for any period during which an agreement staying the enforcement of the minimum housing code is in effect. However, if such agreement expires and the dwelling or dwelling unit covered by the agreement has still not been brought up to the minimum standards of fitness established by this article, then the inspector may begin imposing daily civil penalties until the dwelling or dwelling unit is brought up to the minimum standards of fitness established by this article. If the offender does not pay the civil penalty within ten (10) days after being notified of the violation and the amount of the penalty (or within ten (10) days after being notified of the daily accrual of civil penalties), then the town may collect the amount owed to the town in a civil action in the nature of debt.

(Code 1967, § 9-128.8; Ord. No. 06-06, § 5, 6-19-06)