§ 10-8. Violations; penalties and remedies.

(a)

A violation of any of the provisions of this chapter shall constitute a local ordinance infraction, punishable by penalty as herein provided.

(b)

A violation of any of the following provisions of this chapter shall subject the offender to a penalty of three dollars ($3.00): sections 10-191 through 10-197.

(c)

Reserved.

(d)

A violation of any of the following provisions of this chapter shall subject the offender to a penalty of ten dollars ($10.00): sections 10-31 through 10-44, 10-76 and 10-91 through 10-99; 10-121 and 10-122; 10-141, 10-143 through 10-145, 10-147, 10-148(b) and 10-172; 10-211 through 10-217; 10-4 and 10-6; 10-231 through 10-236; and 10-251 and 10-252.

(e)

A violation of any of the following provisions of this chapter shall subject the offender to a penalty of twenty dollars ($20.00): section 10-146.

(f)

A violation of any of the following provisions of this chapter shall subject the offender to a penalty of twenty-five dollars ($25.00): sections 10-61 through 10-63.

(g)

If any offender fails to pay the penalty set forth in subsections (b) through (f) within ten (10) days after being cited for a violation and notified of the penalty, an additional penalty of fifteen dollars ($15.00) shall be imposed upon such offender.

(h)

The offender shall also pay such costs of court as are by law provided.

(i)

Each day that a violation continues after the offender has been notified of a violation shall constitute a separate offense.

(j)

A violation of any of the following provisions of this chapter shall subject the offender to a penalty of fifty dollars ($50.00): section 10-149.

(k)

Except as otherwise provided in subparagraph (k)(4) hereinafter, a violation of any provision of article IV; "Parking," shall subject the offender to a civil penalty in the amount of twenty-five dollars ($25.00) to be recovered in a civil action in the nature of a debt. A civil citation shall be issued by the appropriate official of the city and either served directly on the violator or his duly designated agent, or registered agent if a corporation, in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the county, the state or the state of residence of the violator, or obtained from the violator at the time of issuance of the warning citation. The citation may be served by posting it on the offending vehicle. The violator shall be deemed to have been served upon the mailing of such citation. The citation shall direct the violator to appear before the designated city official, at the designated location within the city, no later than fifteen (15) days following the date of the citation or alternatively to pay the citation by mail. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated. If the violator fails to respond to a citation within fifteen (15) days of its issuance or pay the penalty prescribed therein, the violator is liable for an additional penalty of one-hundred dollars ($100.00). If the violator fails to respond to a citation within thirty (30) days, the city may institute a civil action in the nature of a debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty and additional penalty.

(1)

Appeals of civil penalty assessments. Any person assessed a civil penalty may appeal by filing a written notice of appeal with the city within thirty (30) days from the date of assessment. Failure to file a notice of appeal within this time period shall constitute a waiver of the right to contest the civil penalty. Appeals shall be heard by a hearing officer through a quasi-judicial process. The city manager may establish rules and procedures that govern the appeal and quasi-judicial hearing process. Such rules may include a requirement that, for specified violations, a bond equal to the amount of the civil penalty be posted at the time a notice of appeal is filed. A hearing officer's decision on a civil penalty appeal is subject to further review in the superior court of the county by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed with the clerk of superior court within thirty (30) days after the date that the hearing officer's written decision is issued.

(2)

Misdemeanors and infractions. A violation of article IV shall not constitute an infraction or misdemeanor. The penalties imposed under article IV shall be collected only as civil penalties.

(3)

Towing and removal. This paragraph shall not be construed as limiting any authority of the city to tow or remove any vehicle violating any provision of chapter 10 for which said removal is otherwise authorized and to charge the owner of such vehicle the costs of removal and storage in accordance with the process and procedures contained in the Code of Ordinances.

(4)

Other civil penalties. Notwithstanding any other provisions of this article IV, the civil penalty for section 10-149 "Handicapped Parking" and section 10-172 "Parking in designated fire lanes" shall be one-hundred dollars ($100.00).

(Ord. of 12-22-86, Art. VII, § 1; Ord. of 6-28-99, §§ 1, 2; Ord. No. 2007-54, 12-10-07)

Cross reference

General penalty; continuing violations, § 1-14.