Article II - Penalties and Enforcement

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