Sec. 10.4.2. Civil Penalty

  1. General
    1. Any act constituting a violation of Chapter 1. Introductory Provisions through Chapter 7. General Development Standards and Chapter 11. Building and Housing Code shall subject the offender to a civil penalty to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offended fails to pay the penalty within 48 hours from and after receipt of a citation of a violation.
    2. All violations shall be subject to a civil penalty in the amount of $100 unless a higher amount is otherwise specified in this UDO; continuous violations shall be subject to a civil penalty in the amount specified in subsection E., below.
  2. Citation Contents
    A zoning violation citation shall, among other things:
    1. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 48 hours from and after issuance of the citation.
    2. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court.
    3. Further provide that the offender may answer the City zoning citation by mailing the citation and the stated penalty to Post Office Box 590, Raleigh, North Carolina 27602 or may pay the amount at the cashier's window on the fourth floor, One Exchange Plaza.
    4. That the penalty must be either paid or the failure to pay must be cleared with the City, within 48 hours of the issuance of the citation. The notice shall further state that if the zoning violation citation is not cleared within 48 hours, court action by the filing of a civil complaint for collection of the penalty may be taken. As used upon the zoning violation citation, the word "cleared" shall mean either:
      1. Payment;
      2. Arrangement for payment to be made; or
      3. A prima facie showing to the City that the zoning citation was received as a result of mistake,  inadvertence or excusable neglect.
  3. Settlement of Civil Claim
    1. The City is authorized to accept payment in full and final settlement of the claim or claims, right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt.
    2. Acceptance of a penalty shall be deemed a full and final release of any and all claims or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
  4. Additional Penalty
    A penalty of $25, in addition to the one imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 48 hour period and in which a civil action shall have been instituted.
  5. Civil Penalties for Continuing Violations
    1. No civil penalty shall be levied against the same person for the same continuing violation at the same location more than once unless and until the City shall provide to the person to be assessed continuing civil penalties a written notice containing the following:
      1. The nature of the violation;
      2. An order directing corrective action;
      3. The date when corrective measures must be completed; and 
      4. A statement that failure to correct the violation by the specified date will result in the assessment of additional civil penalties and other enforcement action.
    2. If after the allotted time period for corrective measures has expired and corrective action has not been completed, a civil penalty shall be assessed in the amount of $500 per day of continuing violation. Each day's continuing violation shall be a separate and distinct violation or offense.
    3. Written notices may be served by personal service or by registered or certified mail, return receipt requested. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service by first class mail shall be deemed sufficient if:
      1. The registered or certified mail is unclaimed or refused, but the first class mail is not returned by the post office within 10 days after the mailing; and
      2. The City has reasonable grounds to believe that the address used for the first class mailing is an address that will actually reach the person to be served.
    4. If first class mail is used, a notice of the pending proceedings shall also be posted in a conspicuous place on the premises where the violation exists.
    5. If the identities or whereabouts of persons are unknown and cannot be ascertained by the City in the exercise of reasonable diligence, then the notice may be served by publication in a newspaper having general circulation in the City. The notice shall be published at least once and publication shall occur no less than 30 days prior to the deadline for corrective action contained in the notice. When the notice is served by publication, a copy of the notice shall also be posted in a conspicuous place on the premises where the violation exists.
Supplement Number
28