§ 1-14. General penalty; continuing violations.
Unless otherwise provided herein, each violation of this Code shall constitute a misdemeanor, except as otherwise provided by statute, and violations of such provisions of this Code shall be punished by fine or imprisonment as by law provided. Each day any violation of this Code shall continue shall constitute a separate offense, except as may be specifically provided.
Violations of this Code shall constitute either a misdemeanor or, at the election of the city, shall subject the offender to a civil penalty upon the issuance of a citation for said violation as hereinafter provided. The civil penalty, if not paid to the City of Kannapolis within fifteen (15) days of the issuance of a citation, may be recovered by the city in a civil action in the nature of debt. Unless otherwise provided by a specific provision of this Code of Ordinances, said civil penalties shall be in the amount of one hundred dollars ($100.00) for each violation and each day any single violation continues shall be a separate violation.
In addition to the civil penalties set out above, any provision of this Code or any other city ordinance may be enforced by an appropriate equitable remedy issuing from a competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate and it shall not be a defense to the application of the city for equitable relief that there is an adequate remedy at law.
In addition to the civil penalties set out above, any provision of this Code or any other city ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement by General Court of Justice. When a violation of such a provision occurs, the City 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 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.
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 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 this code or such ordinance. 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 city may execute the order of abatement. The city 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 judicial order. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith.
The provision of this Code and any other city ordinances may be enforced by one, all or a combination of the remedies authorized and prescribed by this section.
Any ordinances hereafter adopted by the city council of the City of Kannapolis, the violation of which shall incur a penalty shall specify whether the enforcement shall be pursuant to the civil penalty and/or criminal penal provisions of this section.
Upon determination of a violation of any section of the Code of Ordinances, the penalty for which is a civil penalty, the enforcement official of the City of Kannapolis shall cause a warning citation to be issued to the violator. Such citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated during which the violation must be abated. The warning citation shall specify that a second citation shall incur a civil penalty, together with costs, and attorney fees.
An appeal from a warning citation shall be taken within ten (10) days from the date of said warning citation to the board of adjustment. Except in any case where the ordinance violated, which is the subject of the warning citation, specifically grants to the Board of Adjustment other powers in considering appeals and such appeal is applied for, the board of adjustment in considering appeals of warning citations shall have power only in the manner of administrative review and interpretation where it is alleged that the enforcement official has made an error in the application of an ordinance, in the factual situation as it relates to the application of an ordinance or both.
Where the enforcement official of the town determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the enforcement official may amend the warning citation to provide for additional time.
Upon failure of the violator to obey the warning citation a civil citation shall be issued by the appropriate official of the City of Kannapolis and either served directly on the violator, his duly designated agent, or registered agent if a corporation, either 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 city or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of said citation. The citation shall direct the violator to appear before the city manager, of the City of Kannapolis, or his designee, within fifteen (15) days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid, otherwise further citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
Within fifteen (15) days from the date the first civil citation is served, the city manager shall have the authority, upon written request by the violator, to void the civil citation(s) issued to date and relieve the violator of any civil penalties due. The written request shall state the reasons why the violator believes that the civil citation(s) should be voided. Prior to any civil citations being voided, the violation for which the citation(s) were issued must be fully corrected. The city manager shall use extreme discretion in voiding civil citations and such action shall be taken only under extraordinary circumstances. Such circumstances may include, but not be limited to, an error by an official of the city, civil citations not reaching the violator due to mail delivery difficulties and extreme weather constraints. After fifteen (15) days from the first civil citation being served, the city manager may only exercise said authority when correcting an error made by an official of the city. In those circumstances involving an error by an official of the city, the city manager may exercise said authority without a written request by the violator but must consider the recommendation of the official making the error.
If the violator fails to respond to a citation within fifteen (15) days of its issuance, and pay the penalty prescribed therein or receive relief from the city manager as described above, the City of Kannapolis may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty costs, attorney fees, and such other relief as permitted by law.
The city may notify a chronic violator of the city's public nuisance ordinances that, if the violator's property is found to be in violation of the ordinances, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property. The notice shall be sent by certified mail. A chronic violator is a person who owns property, whereupon, in the previous calendar year, the city gave notice of violation at least three (3) times under any provision of the public nuisance ordinance.
The existing provisions of the Kannapolis Code of Ordinances, a violation of which shall subject the offender to civil penalties and/or criminal penal provisions of law are as follows:
Chapter 4. Nonresidential Building Maintenance
Chapter 5. Fire Prevention and Protection
Chapter 7. Garbage and Refuse
Chapter 8. Housing
Chapter 10. Abandoned, Nuisance, and Junked Motor Vehicles
Chapter 11. Unlawful Conditions on Private Property
Chapter 16. Subdivisions
Chapter 17. Water and Sewers
(Ord. of 11-26-90, §§ 1, 2; Ord. No. 2000-56, § 1, 11-27-00; Ord. of 8-26-02, § 2; Ord. of 9-23-02, § 1; Ord. No. 2010-05, § 1a), 1-25-10)
State law reference
Penalties, G.S. § 14-4; enforcement of Ordinances, G.S. § 160A-175.