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ATTACHMENT 6 <br />10 <br />ARTICLE 23. VIOLATIONS, PENALTIES AND REMEDIES <br />23.1 Violations <br />Whenever, by the provisions of this ordinance, the performance of any act is <br />prohibited, or whenever any regulation, dimension or limitation is imposed <br />on the use of any land, or on the erection or alterations or the use or change <br />of use of a strucdae,.or the. uses. vAtWrLsuch ...stnwture,afaikme.to comply <br />with such provisions of this ordinance shall constitute a separate violation <br />and a separate offense. <br />*23.2 Penalties <br />*Amended <br />10/3/88 a) Criminal Action: <br />4/1/96 <br />Any person, firm or corporation who violates the provisions of this <br />Ordinance or fails to comply with any of its requirements shall, upon <br />conviction, be guilty of a Class 3 misdemeanor and shall be fined not <br />more than a maximum of five hundred dollars ($500.00), as provided in <br />G.S. Section 14-4. <br />b) Civil Penalty: <br />Any act constituting a violation of any requirement of this ordinance <br />shall subject the offender to a civil penalty of $100. No penalty shall be <br />assessed until the person alleged to be in violation has been notified of <br />the violation by registered or certified mail, delivery restricted to <br />addresses only, return receipt requested, or other means reasonably <br />calculated to provide actual notice to the offender. The notice shall <br />describe the violation with reasonable particularity, specify a reasonable <br />time period within which the violation must be corrected and warn that <br />failure to correct the violation within the time period will result in the <br />assessment of a civil penalty. In the event the violations is not corrected <br />within the time period provided in the notice, the Orange County Board <br />of Commissioners shall make written demand for payment upon the <br />person responsible for the violation. and shall set forth in detail a <br />description of the violation for which the penalty has been invoked. If <br />payment is not received or equitable settlement reached within 30 days <br />after demand for payment is made. the matter shall be referred to the <br />county attorney for institution of a civil action in the name of the County <br />in the appropriate division of the General Court of Justice for recovery <br />of the penalty. Any sums recovered shall be deposited in the County's <br />general fund. <br />23 -1 <br />