Orange County NC Website
164 <br /> 1 r ') <br /> has jurisdiction to issue such an order. When a violation of such an <br /> ordinance occurs, the county may apply to the appropriate division <br /> of the General Court of Justice for a mandatory or prohibitory in- <br /> junction and order of abatement commanding the defendant to cor- <br /> rect the unlawful condition upon or cease the unlawful use of the <br /> property. The action shall be governed in all respects by the laws <br /> and rules governing civil proceedings, including the Rules of Civil <br /> Procedure in general and Rule 65 in particular. <br /> In addition to an injunction, the court may enter an order of <br /> abatement as a part of the judgment in the cause. An order of <br /> abatement may direct that buildings or other structures on the <br /> property be closed,demolished,or removed;that fixtures, furniture, <br /> or other movable property be removed from buildings on.the prop- <br /> erty; that grass and weeds be cut; that improvements or repairs be <br /> made; or that any other action be taken that is necessary to bring <br /> the property into compliance with the ordinance. If the defendant <br /> fails or refuses to comply with an injunction or with an order of <br /> abatement within the time allowed by the court,he may be cited for <br /> contempt and the county may execute the order of abatement. If the <br /> county executes the order, it has a lien on the property, in the - <br /> nature of a mechanic's and materialman's lien, for the costs of exe- <br /> cuting the order. The defendant may secure cancellation of an order <br /> of abatement by paying all costs of the proceedings and posting a <br /> bond for compliance with the order. The bond shall be given with <br /> sureties approved by the clerk of superior court in an amount ap- <br /> proved by the judge before whom the matter was heard and shall be <br /> conditioned on the defendant's full compliance with the terms of the _ <br /> order of abatement within the time fixed by the judge. Cancellation - <br /> of an order of abatement does not suspend or cancel an injunction <br /> issued in conjunction with the order. <br /> (f) Subject to the express terms of the ordinance, a county ordi- <br /> nance may be enforced by any one or more of the remedies autho- <br /> rized by this section. <br /> (g) A county ordinance may provide,when appropriate,that each <br /> day's continuing violation is a separate and distinct offense. <br /> § 153A-124. Enumeration not exclusive. <br /> The enumeration in this Article or other portions of this Chapter <br /> of specific powers to define, regulate, prohibit, or abate acts, omis- <br /> sions, or conditions is not exclusive, nor is it a limit on the general <br /> authority to adopt ordinances conferred on counties by G.S. <br /> 153A-121. <br /> § 153A-125. (Effective until July 1, 1988) Regula- <br /> tion of solicitation campaigns and itin- <br /> erant merchants. <br /> A county may by ordinance regulate, restrict, or prohibit the <br /> solicitation of contributions from the public for charitable or elee- <br /> mosynary purposes, and also the business activities of itinerant <br /> merchants, salesmen, promoters, drummers, peddlers, and <br /> hawkers. These ordinances may include, but are not limited to, <br /> requirements that an application be made and a permit issued,that <br /> an investigation be made,that activities be reasonably limited as to <br /> time and place,that proper credentials and proof of financial stabil- <br /> ity be submitted, that not more than a stated percentage of contri- <br /> butions to solicitation campaigns be retained for administrative <br /> expenses, and that an adequate bond be posted to protect the public <br /> from fraud. A county may charge a fee for a permit issued pursuant <br /> to such an ordinance. <br />