PART I: GENERAL ADMINISTRATION

The ordinances and resolutions of Henderson County of a general and permanent nature adopted by the Board of Commissioners of Henderson County, as revised, codified and consolidated into chapters and sections, and consisting of Chapters 1 through 999, are hereby approved, adopted, ordained and enacted as the "“Henderson County Code",” herein after referred to as "“the Code"”.

This ordinance and the Henderson County Code shall supersede all other general and permanent legislation enacted prior to the enactment of this Henderson County Code, except such legislation as is herein after expressly saved from repeal or continued in force.

The provisions of the Henderson County Code, insofar as they are substantively the same as those of the legislation in force immediately prior to the enactment of the Henderson County Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior legislation.

This ordinance shall take effect immediately upon passage and publication according to law.

A copy of the Henderson County Code shall be certified to by the County Clerk, and such certified copy shall remain on file in the office of said County Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. Certified copies of the entire Henderson County Code, individual sections, articles, or chapters can be obtained from the County Clerk for a reasonable fee.

Any and all additions, deletions, amendments or supplements to the Henderson County Code, when adopted in such form as to indicate the intention of the Board of Commissioners to make them apart thereof, shall be deemed to be incorporated into such Henderson County Code so that reference to the "Code of Henderson County" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Henderson County Code as amendments and supplements thereto.

The Clerk of Henderson County, pursuant to law, shall cause to be published, in the manner required by law, a copy of a Notice of Adoption. Sufficient copies of the Henderson County Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Henderson County Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Henderson County Code for all purposes.

It shall be the duty of the County Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Henderson County Code required to be filed in the Clerk's office for use by the public. All changes in said Henderson County Code and all legislation adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Henderson County Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Henderson County Code book, at which time such supplements shall be inserted therein.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Henderson County Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of Henderson County to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the maximum fine as provided by law.

1. Each section of the Henderson County Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
2. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

The term "legislation" as used in this Adoption Ordinance shall mean any and all written ordinances or resolutions having the effect of law and being duly adopted by the Board of Commissioners pursuant to statute. Specifically excluded from this definition are those policies or guidelines that are intended to be purely advisory in nature and those administrative polices, directives, procedures and/or regulations adopted by the Board of Commissioners or any other County Board, Committee or official.

All legislation or parts of legislation of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Henderson County Code are hereby repealed as of the effective date of this Adoption Ordinance, except as herein after provided.

The adoption of this Henderson County Code and the repeal of legislation provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

1. Any legislation adopted subsequent to December 1, 1997.
2. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
3. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
4. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
5. Any franchise, license, right, easement or privilege heretofore granted or conferred.
6. Any ordinance or resolution providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
7. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the County's indebtedness.
8. Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
9. The levy or imposition of taxes, assessments or charges.
10. The annexation or dedication of property or approval of preliminary or final subdivision plats.
11. All currently effective ordinances or resolutions pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
12. Any legislation relating to or establishing a pension plan or pension fund for County employees.
13. The Personnel Resolution adopted on September 21, 1988, and all amendments thereto.
14. The Vested Rights Ordinance adopted on November 4, 1996, and all amendments thereto.
15. The Resolution Authorizing the Henderson County Manager to Receive Bids, Award Bids, Reject Bids, Re advertise to Receive Bids, or Waive Bid Bonds or Deposits or Performance and Payment Bond Requirements for the Purchase of Apparatus, Supplies, Materials, or Equipment adopted on August 20, 1997, and all amendments thereto.
16. The Budget Ordinance adopted on June 30, 1998, and all amendments thereto
17. The Rules of Procedure for the Henderson County Board of Commissioners, the Cane Creek Water and Sewer District Board of Commissioners and the Mud Creek Water and Sewer District Board of Commissioners adopted November 2, 1992, and all amendments thereto.
18. The bylaws of any board or committee of Henderson County and all amendments thereto.
19. The Budget Development Resolution adopted on September 8, 1998, and all amendments thereto.
20. The Henderson County Policy Regarding the Sale of Real Property Owned by Henderson County as Result of a Tax Foreclosure Sale adopted on December 23, 1992, and all amendments thereto.

1. In compiling and preparing the ordinances and resolutions for adoption and revision as part of the Code, certain grammatical changes and other minor changes were made in one or more of said ordinances and resolutions. It is the intention of the Board of Commissioners that all such changes be adopted as part of the Code as if the ordinances and resolutions so changed had been previously formally amended to read as such.
2. In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, as set forth in Schedule A attached hereto and made a part hereof.

The following additions, changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance, unless such additions contain an earlier effective date, as set forth in Schedule B attached hereto and made a part hereof.

Any of the below-stated actions or a combination thereof may be pursued for any violation of this Henderson County Code.

A. Criminal penalties. Violations of provisions codified in this Code shall be Class 3 misdemeanors under the law of North Carolina where so stated, and shall be punished as stated in N.C. Gen. Stat. §14-4(a) and in such provisions. Each day's violation shall be treated as a separate offense.
          1. Warning ticket. Upon the violation of a particular provision of the Henderson County Code, an individual may be issued a warning ticket. Such warning ticket shall identify the particular violation of the Code and shall                       state the time, date and place of the violation. Such warning ticket shall further state that if the individual commits further violations following the date of the warning ticket, Henderson County may seek a criminal                           sanction for such violations.

          2. Arrest or citation. Upon the violation of a particular provision of this Henderson County Code, a law enforcement officer having jurisdiction may charge the offender with a misdemeanor committed in the officer's                            presence, by arrest or citation, as set forth in N.C.G.S. Chapter 15A.

          3. Warrant. Upon the violation of a particular provision of this Henderson County Code, Henderson County, by and through an enforcement agent may request from a magistrate that a warrant be issued for the arrest of                      the individual.

B. Civil penalties. Any individual who is found in violation of this Henderson County Code may be subject to a civil penalty. Except as specified in this Henderson County Code, the amount of such civil penalty shall be $50. Each day's violation shall be treated as a separate offense.

1. Compliance order.
   
   1. Upon making a determination that a person is in violation of this Henderson County Code, Henderson County shall issue a compliance order to the person in violation of this Code. The compliance order shall notify the violator of the violation in writing. Such order shall identify the circumstances giving rise to the violation, including the times, dates and places of the violation. Such notification shall further identify the action which is necessary to comply with this Code. Such notification shall state that if the violator does not comply within a reasonable time, not to exceed 15 days, the individual will be subjected to a civil penalty. If circumstances exist such that the violator cannot come into compliance within 15 days, Henderson County may grant an extension of time commensurate with the magnitude of the violation. The compliance order shall further state that failure to comply with the terms of the compliance order will subject the violator to a civil penalty and shall further state the amount of said civil penalty.
   2. Failure to comply with the terms of a compliance order issued by Henderson County within the time stated in the order shall subject the violator to a civil penalty of $50. Each day that the violation continues shall be considered a separate offense, and the violator may be subject to an additional civil penalty for each such separate offense.
2. Civil action. When necessary to collect any civil penalty or accrued civil penalties, a civil action may be instituted against an individual for the collection of all accrued penalties.
3. Equitable remedies. This Henderson County Code may be enforced by equitable remedies, and any unlawful condition existing in violation of this Henderson County Code may be enforced by injunction and order of abatement in accordance with N.C.G.S. 153A-123.
   1. Injunction. Where necessary to effectuate compliance with this Henderson County Code, Henderson County may institute an action in a court of competent jurisdiction seeking an injunction against the further violation of this Code. Such action may be joined with a civil action instituted to collect accrued civil penalties in accordance with the provisions above.
   2. Order of abatement. Where necessary to abate a condition existing upon land in violation of this Henderson County Code or a use made of land in violation of this Code, Henderson County may institute an action in a court of competent jurisdiction seeking an order of abatement of the use or condition of land in violation of this Henderson County Code. Such action may be joined to an action for an injunction and/or an action to recover civil penalties accrued against an individual for the use or condition of land in violation of this Code.
   3. Other equitable remedies. This Henderson County Code may be enforced by any other equitable remedy which a court of competent jurisdiction deems just and proper.

This Henderson County Code may be enforced by the Henderson County Sheriff's Department

As used in the Henderson County Code, references made to any federal, state or local agency, or any division thereof, shall be deemed to include the appropriate success or agency or division.

1. The regular first-of-the-month meeting of the Board will be held at 5:30 p.m. on the first Monday of each month, or on the next business day if the first Monday is a holiday, at 1 Historic Courthouse Square, Room 208, Hendersonville, North Carolina 28792.
2. The regular mid-month meeting of the Board shall be held at 9:00 a.m. on the third Wednesday of each month at 1 Historic Courthouse Square, Room 208, Hendersonville, North Carolina 28792

The terms of this article shall apply to all minutes of closed sessions held by the Board, whether such
minutes are in draft form (hereinafter "draft closed session minutes") or approved form (hereinafter
"approved closed session minutes").

The Clerk to the Board of Commissioners, or the Board's designee, shall attend all closed sessions held by the Board of Commissioners and shall prepare minutes of each closed session. Each item discussed in closed session shall be listed on a separate page in a format substantially similar to Attachment 1, at the end of this Chapter. Any item which is unsealed in accordance with the terms of this article shall be signed by the Chairman of the Board of Commissioners at the top of the original of each page containing the unsealed item in the closed session minute book. As used in this article, to "unseal" information shall mean to declare that viewing the information by the general public will not frustrate the purpose for which the information was discussed in closed session. Any such page so signed as unsealed shall be kept by the Clerk in a separate file for public inspection.

All draft closed session minutes shall be deemed sealed and confidential and shall not be unsealed except by order of a court of competent jurisdiction. Only the following persons shall have access to such draft closed session minutes: the Clerk, any Commissioner currently serving on the Henderson County Board of Commissioners, the County Manager, the Assistant County Manager, the County Attorney, the staff attorney or any attorney retained by the County with respect to a particular matter contained within the draft closed session minutes.

The Clerk, or the Board's designee, shall present the draft closed session minutes to the Board within 30 days of the closed session date for comments or revision. The draft closed session minutes shall be presented during a closed session. During such closed session, the Board of Commissioners shall determine by consensus which items contained in the draft closed session minutes are appropriate to be unsealed at approval. The Board of Commissioners shall approve all draft closed session minutes in an open session without discussing or disclosing their contents. Upon approval, the minutes shall be considered approved closed session minutes. Immediately after approval, the Board shall vote to unseal items contained within the approved closed session minutes as appropriate.

All approved closed session minutes shall be deemed to be sealed and confidential until such time as they are unsealed by majority vote of the Board or by order of a court of competent jurisdiction.

1. All items reflected in approved closed session minutes which are required by state or federal law to remain confidential shall remain sealed and shall not be released except by order of a court of competent jurisdiction.
2. All information contained in approved closed session minutes which is not considered a public record under N.C.G.S Chapter 132 shall remain sealed and shall not be released except by order of a court of competent jurisdiction.
3. All information contained within approved closed session minutes relating to the location or expansion of an industry shall remain sealed and confidential and may not be released without the permission of the industry locating or expanding in Henderson County. Notwithstanding the foregoing, if any action is taken by the Board of Commissioners with respect to the location or expansion of an industry in open session, then subsequent to such action information contained within approved closed session minutes may be unsealed and released by the Board without the consent of the industry; provided, however, that information which is not considered a public record under N.C.G.S. Chapter 132 with respect to the industry may not be released except by a court of competent jurisdiction.
4. Information contained in approved closed session minutes relating to instructions given by the Board to staff or negotiating agents concerning the position of the County to be taken with respect to negotiating the amount of compensation and other material terms of an employment contract or proposed employment contract may be unsealed and released subsequent to the hiring of such employee, but only with respect to that employee. Information concerning persons not hired may not be unsealed or released except by order of a court of competent jurisdiction. In addition, where state or federal law precludes the release of any such information covered by the terms of this Subsection D, such information may not be unsealed or released except by order of a court of competent jurisdiction.
5. Information concerning any particular public officer or employee or applicant for employment, relating to the qualifications, competence, performance, character, fitness, conditions of initial employment, complaints, charges or grievances by or against a public officer or employee, which is contained in approved closed session minutes may not be unsealed or released except by order of a court of competent jurisdiction or pursuant to a determination by the County Attorney that the unsealing and release of such information is not precluded by state or federal law. (A public body may not consider the qualifications, competence, performance, character, fitness, appointment or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting.)
6. Information contained in approved closed session minutes relating to investigations of alleged criminal misconduct may not be unsealed or released except by order of a court of competent jurisdiction.
7. Any other information contained in approved closed session minutes which is authorized by N.C.G.S. Chapter 143-318.11 but which is not specifically listed above may be unsealed at the discretion of the Board of Commissioners, but only upon a determination by the County Attorney that the unsealing of such information is not precluded by state or federal law and that the unsealing of such information will not frustrate the purpose for which the closed session was called.

Only the following persons shall have access to approved closed session minutes prior to their unsealing: the Clerk, any Commissioner currently serving on the Henderson County Board of Commissioners, the County Manager, the Assistant County Manager, the County Attorney, the staff attorney or any attorney retained by the County with respect to a particular matter contained within the approved closed session minutes.

1. Information which has been unsealed may be viewed by the public upon request made to the Clerk to the Board of Commissioners.
2. Information which is sealed may not be viewed by the public unless it is unsealed by the Board. Any person may request the Board to consider unsealing information contained in approved closed session minutes. The request must be delivered to the Clerk. The Clerk shall promptly transfer any such requests received to the Board of Commissioners.
3. Requests for the unsealing of approved closed session minutes shall be considered by the full Board of Commissioners in a closed session, after which the request shall be voted on in open session. In the event that any request is denied by the full Board Commissioners, the person making the request shall have the right to pursue any remedies at law or inequity

The County Manager Plan is hereby adopted for Henderson County, North Carolina.

The Henderson County Manager shall have the power to appoint officers, employees and agents of Henderson County without first securing the approval of the Henderson County Board of Commissioners, unless such appointment is otherwise precluded by law.

The Henderson County Manager is hereby authorized to receive bids, to award contracts, to reject bids, to re advertise to receive bids on behalf of the County, to waive bid bonds or deposits and to waive payment and performance bonds for the purchase of apparatus, supplies, materials and equipment on behalf of the Henderson County Board of Commissioners, subject to the terms and conditions as contained in this article

In exercising the authority granted by the terms of this article, the Henderson County Manager shall at all times adhere to applicable state, federal and local laws concerning the purchase of apparatus, supplies, materials and equipment

The Henderson County Manager shall be required to provide a report to the Henderson County Board of Commissioners of each purchase made or contract awarded pursuant to the authority granted in this article where the cumulative cost of the apparatus, supplies, materials and/or equipment acquired pursuant to a purchase or contract exceeds $30,000, excluding associated maintenance, service and repair costs, and is less than $100,000. The content of the report shall be sufficient to apprise the Board of Commissioners of the procedure followed, the price(s) received, the justification for any prices(s) or bids which were rejected, and the amount of the contract entered or purchase made.

The Henderson County Manager shall not be authorized to act pursuant to this article where the Henderson County Budget Ordinance in effect would necessitate action by the Henderson County Board of Commissioners before an award of a contract or approval of a purchase could be made.

The Henderson County Manager is hereby authorized to exercise such powers and to take such action as the Board of Commissioners is authorized to exercise and take under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions subject to the terms and conditions as contained in this article, and except as provided herein.

The Henderson County Board of Commissioners reserves unto itself the authority granted to the Board of Commissioners under Henderson County Code, Chapter 94, Sewers, Article VIII, Sewer Extensions, and the Henderson County Manager shall not be authorized to act pursuant to this article, in the following circumstances:

1. If Henderson County has received a request by a sewer customer for annexation into any existing sewer district within Henderson County of any property, or portion of property, that may be affected by the sewer extension application; or
2. If Henderson County staff recommends that any property or portion of property which would be affected by a sewer extension application be annexed into any sewer district within Henderson County; or
3. If Henderson County has received actual notice of an intent to annex or a notice of public hearing has been advertised pursuant to N.C.G.S. 160A-31, pertaining to the annexation into an incorporated municipality within Henderson County of any property, or portion of property, which would be affected by a sewer extension application; or
4. If the sewer extension application is for sewer service in the Cane Creek Water and Sewer District and the requested allocation is more than 40,000 gallons per day; or
5. If the sewer extension application is for sewer service in the Mud Creek Water and Sewer District and the requested allocation is more than 2,000 gallons per day; or
6. If Henderson County's remaining sewer treatment allocation is less than 500,000 gallons per day; or
7. If the sewer extension application will require any funding from Henderson County that was not approved pursuant to the adoption of the then current Budget Ordinance.

The Henderson County Manager or the Henderson County Utilities/Sewer Department shall provide to the Board of Commissioners monthly reports reflecting any sewer allocations granted by the Henderson County Manager in the exercise of his authority under this article and reflecting the total allocations granted as of the date of the report, regardless of whether the allocations were granted by the County Manager or by the Board of Commissioners.

In exercising the authority granted by the terms of this article, the Henderson County Manager shall, at all times, adhere to applicable federal, state and local laws, rules, regulations and policies, including, but not limited to, Henderson County Code Chapter 94, Sewers, concerning sewer extensions.

1. The Sheriff of Henderson County is hereby authorized to enter into a reasonable mutual aid assistance arrangement with other municipal and county law enforcement agencies, provided that the head of the requesting law enforcement agency requests assistance in writing.
2. The Sheriff of Henderson County is hereby authorized to permit officers of the Henderson County Sheriff's Department to work temporarily with officers of other requesting agencies, including in an undercover capacity and in a regular capacity, as the officer's duties dictate.

While working with the requesting agency, a Henderson County Deputy Sheriff shall have the same jurisdiction, powers, rights, privileges and immunities as the officers of the requesting agency, in addition to those he normally possesses.

1. Henderson County shall in no way be responsible for personnel, financially and otherwise, of any other participating county, municipality or agency.
2. Henderson County shall assume all liability and responsibility for pay for any Henderson County deputy sheriff and for death or injury to any Henderson County deputy sheriff responding to the request for assistance.

The Sheriff is hereby authorized to request mutual aid assistance from other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies.

Nothing herein shall preclude Henderson County from entering into other mutual agreements as allowed by applicable law.