§ 1-12. General penalty; enforcement of ordinances.

(a)

Civil penalty. Any person who violates any provision of this Code shall be subject to a civil penalty in an amount not to exceed $500.00; however, if a different civil penalty is provided in this Code for a violation of a specific chapter, the specific penalty will apply.

(1)

Civil penalties shall be assessed by written notice from the town manager to the offender describing the violation and the amount of the penalty. The amount of penalty shall be determined by the town manager and shall be commensurate with the violation. Where applicable, the notice shall state that each day the violation continues shall be an additional and separate violation subject to the same daily civil penalty set forth in the notice. The notice shall further state that no additional notice will be sent for continuing violations and penalties.

(2)

The notice shall inform the recipient that he, within ten days of receipt of notice of the violation, may, in writing, request a hearing before the town manager on the notice of violation and assessment of the penalty. If a request for a hearing is made, the town manager shall schedule the hearing as soon as practical. Following the hearing, the town manager, in writing, shall affirm, reverse, or modify the notice of violation and shall have the authority to reduce or reverse the imposition of the penalty assessed.

(3)

The decision of the town manager may be appealed by written notice to the board of commissioners. Notice of appeal to the board must be given within ten days of the date of the town manager's written decision. If an appeal is made, a hearing shall be held before the board of commissioners as soon as practical. The board, by a written order entered as soon after the hearing as practical, shall affirm, reverse, or modify the notice of violation and shall have the authority to reduce or reverse the imposition of the penalty assessed.

(4)

Civil penalties shall be paid to the town within 30 days after the assessment is made if no hearing is requested, or within 30 days after the assessment is affirmed if a hearing by the town manager is requested or an appeal to the town board is made. If not so paid, the town may initiate a civil action in the nature of collection of a debt to collect any unpaid penalty.

(5)

The person, firm or corporation who violates any provision of this Code shall be subject to the civil penalty provided herein; however, there is a rebuttable presumption that the owner of property where a violation occurs is responsible for the violation.

(6)

Payment of a civil penalty shall not be evidence of, or an admission of, criminal guilt.

(b)

Misdemeanor offense. If any person shall violate any provision of this Code, he shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00.

(c)

Traffic and parking offenses. Notwithstanding the foregoing subsection (b) of this section, if any person shall violate a provision of this Code regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay a penalty of not more than $50.00. Each day's continuing violation constitutes a separate offense.

(d)

Equitable remedies. Any provision of this Code or other town ordinance may be enforced by injunction, order of abatement, or any other appropriate equitable remedy. When a violation of this Code occurs, the town may apply to the appropriate division of the general court of justice for an appropriate equitable remedy and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.

(e)

Injunction and abatement.

(1)

Any provision of this Code making unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of this Code occurs, the town may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and 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.

(2)

In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. 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 grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the Code. 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 town may execute the order of abatement. The town 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 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.

(f)

Enforcement of ordinances. The provisions of this Code may be enforced by any one, all or a combination of the remedies authorized and prescribed by this section.

(g)

Continuing violation. Except as otherwise specifically provided, each day's continuing violation of this Code shall be a separate and distinct offense.

(Code 2001, § 1-5(b); Ord. of 7-5-1978; Ord. No. 1986-2, 8-12-1986; Ord. No. 1994-3, 4-10-1994)