2009 - 11-02-09 Regular Meeting - Laserfiche WebLink

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BOOK 23 NdCE 140 penalty of $100.00, to be recovered by the County, if not paid within 15 days of issuance of a citation, in a civil action in the nature of debt. SECTION 6 APPEALS. The property owner or party responsible for maintenance of the property who fails to remove graffiti or give consent to the County to remove graffiti and is assessed a civil penalty of $100.00 under Section 5 (above), may appeal the assessment to the County Manager or his designee by giving written notice of appeal stating the reasons therefore within seven days of assessment of the penalty. Within ten days of the decision of the County Manager, or his designee, written notice of appeal may be sent to the County Board of Adjustment for determination of whether the penalty shall stand or be overturned, but shall not otherwise be appealed. SECTION 7 ENFORCEMENT. (a) Conviction. In accordance with N.C. Gen Stat §14-4 and N.C. Gen Stat §153A-123 each violation of Section 3 (above) shall constitute a misdemeanor, and shall be punished by a fine not exceeding $500.00 or imprisonment of a term not exceeding 30 days. (b) Restitution. In addition to any punishment imposed, the court may order any person convicted of a violation of this ordinance to make restitution to the victim or entity which remediated the graffiti for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. The court may determine the amount, terms and conditions of the restitution. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution. (c) Community service. In lieu of, or as a part of, the penalties specified in this ordinance, a minor or adult may be required to perform community service as described by the court. Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. SECTION 8 EFFECTIVE DATE nq/ l This ordinance shall be in full force and effect as of the day of Nove"e r UcLLJ es Richard B. Hayes, Chairman Lee County Board of Commissioners