ORDINANCE - Amending Certain Sections of the Code of Ordinances to Comply with SL 2021-138 5-16-22

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(b) Criminal penalty. (1) A violation of any provision of Article II Division 2 and Article III Division 2 of this Chapter which causes the building to be an "unsafe building" as defined under G. S. 160D-II19(a) shall be a misdemeanor as provided in G. S. 14-4. In addition, violations of any provisions of this Chapter may, at the election of the City, subject the offender to a civil penalty upon the issuance of a citation for the violation as provided in Section 1-7. (2) The inspector may seek, from an appropriate official of the general court of justice, an arrest warrant or other process initiating criminal charges where a violation is penalized as a misdemeanor according to subsection (b)(1). The remainder of Chapter 6 shall remain in effect. Section 7. Chapter 6, Article III, Division 3, Section 6-156(e)(2) shall be amended to specify that criminal penalties will only be able to be imposed where the code violations make the dwelling an unsafe building, in compliance with S.L. 2021-138, and rewritten as follows: (e) Enforcement: (1) Violation of this section subjects the owner or party in interest to a civil penalty of $50.00 per day, subsequent to the date of receipt of the notice of violation, for each day and every day the condition remains uncorrected; not to exceed $3,000.00. The penalty shall be payable to Lee County and shall be paid at 226 Carthage St, Sanford, North Carolina. Failure of the owner or party in interest to pay the penalty within 12 days after receipt of the notice shall result in the initiation of a civil action by the county to recover the penalty for the benefit of the county. (2) The criminal penalties and equitable remedies provided in section 6-145 6-143 are applicable to section 6-156 in addition to the civil penalty above. These means of enforcement are cumulative, and not exclusive, and may be independently pursued against the same person for the activity constituting a violation of this section. The remainder of Chapter 6 shall remain in effect. Section 8. Chapter 8, Article III, Section 8-96(4) pertaining to regulations on peddling shall be amended to remove misdemeanor penalties and be rewritten as follows: 4. Any violation of this Article is subject to a civil penalty of $50.00. The remainder of Chapter 8, Article III, Division 3, Section 6-156 shall remain in effect. Section 9. Chapter 10, Article III, Division 1, Sections 10-62(a) and (b), which regulate businesses, shall be amended to clarify that criminal penalties may only be imposed for violations of Section 10-62(a), regulating fraud and not business, and shall be rewritten as follows : (a) It shall be a misdemeanor for any person to obtain or receive ambulance service without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for