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U uiiii aV FACE OiA <br />responsibility of the owner. <br />(3) No person shall occupy as owner-occupant or let to another or others for occupancy or use <br />or cause or allow to be used as a human habitation, any dwelling or building which exhibits <br />any of the conditions described in Section 4-86(B) "Unfit conditions" and has been ordered <br />vacated in accordance with Section 4-83(D)(4). The removal, defacing, moving, mutilating <br />or covering of the placard by any person is prohibited and shall constitute a separate offense. <br />(4) The Inspector shalt determine that a residential building is unfit for human habitation if <br />he finds that any of the conditions contained in Section 4-86(B) "Unfit conditions." Exist <br />in such building. <br />(5) Each day that any such condition or failure, neglect, refusal or occupancy continues shall <br />constitute a separate and distinct offense. <br />(b) Criminal Penalty <br />(1) A violation of this article shall be a misdemeanor as provided in North Carolina General <br />Statutes. Section 14-4. <br />(2) '1 he Inspector may seek, from an appropriate official of the general court of justice, an arrest <br />warrant or other process initiating criminal charges against any person who violates this <br />article. <br />(c) Civil Penalties <br />(1) Violation of this ordinance may also subject the owner or party of interest to a penalty of <br />fifty dollars (S50.00) per day for each day and every day the violation exists, not to exceed <br />$3,000. T he penalty shall be payable to Lee County and shall be paid at 226 Carthage St. <br />Failure of the owner or parry of interest to pay the penalty within twelve (12) days shall <br />result in Lee County initiating a civil action to collect the penalty. <br />(d) Equitable Remedies <br />(1) phis article may be enforced by an appropriate equitable remedy issued from a court of <br />competentjurisdiction. In such case, the general court of justice shall have jurisdiction to <br />issue such orders as may be appropriate and it shall not be a defense to the application of <br />the cotnuy that there is an adequate remedy at law. <br />(2) When a aiolation of this article occurs, the county may apply to the appropriate division of <br />the general court ofjustice for a mandatory or prohibitory injunction commanding the <br />defendant to correct the unlawful condition upon or cease the unlawful use of the property. <br />In addition to an injunction- the come may enter an order of abatement as part of the <br />judgment in the case- An order of abatement may direct that buildings or other structures on <br />the property be closed, demolished or removed. that fixtures, furniture or other movable <br />property be removed from buildings on the propertv, that grass and weeds he cut. that <br />improvements or repairs be made, or that other action be taken that is necessary to bring the <br />property into compliance scith the article- If the defendant fails or refuses to comply with an <br />injunction or with an order of abatement within the time allowed ev the court, he may be <br />cited for contempt and the county nrrv execute the order of abatement. The county shall <br />have a lien on the properi~ for the cost of executing an order of abatement. The defendant <br />may secure cancellation of an order of abatement by paying all costs of the proceedings and <br />posting a bond for compliance with the order. The bond shall be given wiih sureties <br />opproved by the iud_e before syhom the matter is heard and shall be continued on the <br />defendant's full compliance kith the terms of the order of abatement within a time fixed by <br />C.nrrdocAsrA;ulministritixcl11cs\ordinancctmhordinance-Iccco-updatcd 9/15/03 S <br />