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ORDINANCE - Amending Sections of teh Code of Ordinancese of Lee County to Comply with SL 2021-138 5-16-22
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ORDINANCE - Amending Sections of teh Code of Ordinancese of Lee County to Comply with SL 2021-138 5-16-22
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8/25/2022 11:39:29 AM
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8/25/2022 11:39:17 AM
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Admin-Clerk
Document Type
Ordinance
Committee
Board of Commissioners
Date
5/16/2022
Book No
3
Page No
840
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action in the nature of debt in the appropriate division of the state general court of justice <br /> for the collection of the penalty, costs and attorneys fees and such other relief permitted by <br /> law. <br /> The remainder of Section 1-7 General Penalty, beginning with subsection (b) and continuing <br /> through subsection(f) shall remain in effect. <br /> Section 3. Chapter 2, Article II, Section 2-31(d) shall be amended to specify the maximum fine <br /> that may be imposed when a violator is charged with a misdemeanor, and rewritten as follows: <br /> (d) The violation of any of the provisions of this section shall constitute a misdemeanor <br /> and subject any violator(s) so convicted to a maximum of fine of $500 and such other <br /> penalties as may be imposed by the court. Furthermore, any person in violation of this <br /> Section shall be subject to paying a civil penalty of$500.00 per offense. Civil penalties <br /> assessed shall be recovered by the county in a civil action in the nature of debt if the <br /> offender does not pay the civil penalty within 30 days after the offender has been cited for <br /> the violation per G.S. 153A-123. <br /> The remainder of Chapter 2, Article II, Section 2-31 shall remain in effect. <br /> Section 4. Chapter 2, Article III, Section 2-53 pertaining to areas where smoking and use of <br /> tobacco products is prohibited shall be amended to clarify the type and amount of penalty and <br /> rewritten as follows: <br /> (a) Employees who violate Section 2-52 may be subject to sanctions consistent with the <br /> county's personnel policies. <br /> (b)Any employee or individual who violates Section 2-52 is subject to a civil penalty of <br /> $50.00. <br /> (c)Remedies. This article may be enforced by equitable remedies in accordance with <br /> NCGS 153A-123. <br /> Section 5. Chapter 4, Article III, Division 2, Section 4-194(b) shall be amended to specify which <br /> sections are punishable by misdemeanor and rewritten as follows: <br /> Sec. 4-194. - Enforcement generally. <br /> (b) The violation of-Sections 4-37, 4-38, 4-39, 4-40, 4-42, 4-43, 4-44, 4-46, or 4-48 of this <br /> chapter shall be a misdemeanor and any such violation shall be punishable as provided in <br /> G.S. § 14-4. In addition to, and not in lieu of, the criminal penalties and other sanctions <br /> provided in this chapter, a violation of this chapter may also subject the offender to the <br /> civil penalties hereinafter set forth. <br /> The remainder of Chapter 4—Animals, including Section 4-194, shall remain in effect. <br /> Section 6. Chapter 6, Article III, Division 3, Section 6-143(b) shall be amended to specify that <br /> criminal penalties will only be able to be imposed where the code violations make the dwelling an <br /> unsafe building, in compliance with S.L. 2021-138, and rewritten as follows: <br />
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