BC 1993 08 16 - Laserfiche WebLink

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372 certificate or permit issued thereunder, shall be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) and/or imprisoned not more than thirty (30) days. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such violations shall be corrected within the time specified. (b). Violations of this Code shall constitute either a misdemeanor or, at the election of the County, shall subject the offender to a civil penalty upon the issuance of a citation for said violations. (c). In addition to the civil penalties, any provision of the Code that makes.unlawful a condition existing upon or use made of real property may be enforced by injunction and order abatement by the General Court of Justice. When a violation of such provision occurs, the County 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 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. (d). An order of abatement may direct the buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from any building 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 the North Carolina Building Code, Volume V. 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 County may execute the order of abatement. The County shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanicfs and materialman~s lien. The defendant may secure cancellation of an order of abatement by paying all cost of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties to 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 judicial order. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. SECTION 5. ISSUANCE OF NOTICE OF VIOLATION BY FIRE INSPECTORS. (a). Fire Inspectors are empowered to issue notices of violation when such Fire Inspectors have reasonable cause to believe that any person has violated any provision of the North Carolina State Building Code, Volume V. (b). The service of orders or notices for the correction of violations of the Code shall be made upon the owner, occupant or other person responsible for the conditions, either by personally delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending a copy of the order or notices by certified or registered mail to the owner's last known address. (c). When buildings or their premises are occupied bY one other than the owner under a lease or agreement, the orders or notices issued to correct violations of the Code shall apply to the occupant thereof; provided that where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then in such cases, the orders or notices shall also be issued to the owner of the premises or real property. Failure to deliver an order or notice to the owner, if other than the occupant, shall not invalidate such order or notices. (d). The notice of violation shall specify the penalty to be imposed on the violator and shall direct the violator to appear before the Countyfs Finance Department within fifteen (15) days to pay the penalty or, alternatively, to pay the penalty by mail. The penalty imposed shall be fifty Dollars ($50.00) for violations of the Fire Prevention Code. However, violation of "Exit Obstruction" shall be deemed "Life Safety" violations which shall subject the offender to a penalty of two hundred fifty dollars ($250.00), instead of fifty dollars ($SO.O0). (e). The Notice of Violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the ~specified time, the violator shall be guilty of a new and separate offense.