Chapter 1 - General Provisions

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.