AN ORDINANCE AMENDING CHAPTER 9 OF THE TOWN CODE OF ORDINANCES TO ESTABLISH DAILY CIVIL PENALTIES FOR VIOLATIONS (2008-02-25/O-1)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Article II, Chapter 9 of the Town Code of Ordinances is hereby amended by adding the subsection indicator (a) to the existing language of Section 9-37, and adding a new 9-37 (b), (c), (d) and (e) to read as follows:

Sec. 9-37  Violations; penalty.

(a) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order, and each day that such failure, neglect, or refusal to comply with such order continues and shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling unit, with respect to which an order has been issued pursuant to this article, to occupy or permit the occupancy of same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

The violation of any provision of this chapter shall constitute a misdemeanor, as provided by N.C.G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.

(Ord. of 9-18-68, § 21; Ord. No. 92-4-13/O-4, § 7; Ord. No. 2002-02-25/O-1; Ord. No. 2002-04-08/O-3, § 6)

(b) The violation of any provision of this Chapter shall also subject the offender to a civil penalty of fifty ($50.00) dollars for the first offense within a thirty six (36) month period. 

(c) The violation of any provision of this Chapter shall also subject the repeat offender to a civil penalty of one hundred ($100.00) dollars for any second additional offense within a thirty six (36) month period.

(d) The violation of any provision of this Chapter shall also subject the repeat offender to a civil penalty of two hundred and fifty ($250.00) dollars for any third additional offense within a thirty six (36) month period.

(e) Each day that any violation continues shall constitute a separate violation and a separate offense for the purposes of imposition of penalties.  In addition to using any one, all, or any combination of the foregoing penalties and other remedies provided, the Town Manger may institute and appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter. 

Secs. 9-38--9-46. Reserved.

Section 2.  This ordinance shall become effective upon adoption.

This the 25^th day of February, 2008.