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Agenda 12-14-21; 8-b - Second Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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Agenda 12-14-21; 8-b - Second Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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12/9/2021 2:40:07 PM
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12/14/2021
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8-b
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Agenda for December 14, 2021 BOCC Meeting
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5 <br /> ORD-2021-029 <br /> Attachment 1 <br /> Ordinance Text Amendments and Re-Adoption <br /> Sections for first reading involving a repeal or substantive change in language. <br /> Sec. 1-7.-General penalty. <br /> (a) Should an ordinance in this Code of Ordinances provide that the violation thereof is a misdemeanor <br /> then aAny person violating or failing, refusing or neglecting to comply with any provision or requirement <br /> of any section Or of this Cede,that ordinance or section of this Code of Ordinances er any <br /> , shall <br /> be guilty of a misdemeanor as provided by NCGS 14-4 and punished by a fine not to exceed $500.00, or <br /> shall be imprisoned for not more than 30 days,for each offense. <br /> (e) Except as otherwise specified herein or prohibited by law, i#any violation of this Code is designated <br /> as a nuisance under the provisions of this Code, such nuisance is a misdemeanor and <br /> abated by the GeURV' in addition to the imposition of a fine or imprisonment as authorized by Sec. 1-7., <br /> as further authorized by NCGS 14-4, may be abated by the County pursuant to the procedures set out in <br /> NCGS 153A-123(e). <br /> Sec.4-51.-Penalties. <br /> (a)The violation of any provision of this Ordinance shall maybe a misdemeanor and any person <br /> convicted of such violation shall be punishable as provided in North Carolina General Statutes section <br /> 14-4, or other applicable law. Each day's violation of this Ordinance is a separate offense. Payment of a <br /> fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his or her <br /> liability for taxes, fees or civil penalties imposed under this Ordinance. <br /> Sec.8-42.-Remedies. <br /> (a)Any person violating any of the provisions of this Article shall be subject to a civil penalty of$100.00. <br /> Each day of a continuing violation shall constitute a separate violation under this subsection.The county <br /> manager, or his or her designee, shall be authorized to assess civil penalties under this Article and shall <br /> make written demand for payment upon the person responsible for the violation and shall set forth in <br /> detail the violation for which the penalty has been invoked. If payment is not received or equitable <br /> settlement reached within 60 days after demand for payment is made, the matter shall be referred to <br /> the county attorney for institution of a civil action in the name of the county in the appropriate division <br /> of the General Court of Justice of Orange County for recovery of the penalty. Any sums recovered shall <br /> be used to carry out the purposes and requirements of this Article. Any such civil penalties may be <br />
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