§ 6-37. Penalty.

(a)

Structures Requiring a Certificate of Occupancy. The certificate of occupancy for any structure erected, repaired or modified after the effective date of this Ordinance shall be withheld by the Orange County Building and Inspections Department until the address is posted correctly on the structure as outlined in this Ordinance.

(b)

Existing Structures. If an addressable structure is not in compliance with this Ordinance, the Administrator shall provide a written notice of violation to an owner or occupant, of legal age, that the building is not in compliance with this Ordinance specifying that within 60 days the addressable structure must be brought into compliance.

(1)

If the owner or occupant of an addressable structure fails to bring the addressable structure into compliance within 60 days of receiving written notice of violation the owner or occupant shall be in violation of this Ordinance.

(2)

Means of notice deemed sufficient and proper include but are not limited to registered or certified mail sent to the last known address of an owner or occupant as ascertained from the County's tax listing, posting on the front door of the building, or hand delivery to an occupant of legal age found at the addressable structure.

(3)

Written notice of violation and citations pursuant to this section shall be deemed delivered and properly served upon: depositing said notice and/or citation into a receptacle of the United States Postal Service; posting on the front door of the addressable structure; or hand delivery to an occupant of legal age found at the addressable structure.

(c)

Penalties. If an owner or occupant does not bring an addressable structure into compliance with this Ordinance after proper notice and 60 days has elapsed, the County Attorney may enforce this article by any one or more of the remedies authorized by G.S. 153A-123, save and except no criminal penalties shall accrue to any owner or occupant as a result of a violation of this Ordinance. The violation of any provision of this Ordinance shall subject the owner or occupant to a civil penalty in the amount of $50.00 to be recovered by the County in a civil action in the nature of a debt. If, at the expiration of the 60 day notice period the owner or occupant has not complied with the provisions of this Ordinance the Administrator shall issue a citation and civil penalty as set out herein. If the owner or occupant does not correct the violation and pay the penalty within 14 days after being cited for a violation of the Ordinance the owner or occupant shall be deemed to have committed a separate violation of this Ordinance and the Administrator shall issue another citation and penalty. Thereafter, every seven day period the building remains non-compliant shall constitute a separate violation and the Administrator shall issue a citation and penalty for each such violation. Payment of the civil penalty imposed pursuant to this subsection does not relieve a person of their liability for any other fees, fines or other penalties imposed under this Ordinance.

(d)

The Owner or Occupant may appeal the citation and civil penalty within ten days of receipt of the citation or civil penalty to the County Manager who shall have the authority to hear and settle disputes related to violations of this Ordinance.

(Ord. of 4-21-1987, § 7, eff. 4-21-1987; Amend. of 12-13-2011, eff. 01-01-2013)