§ 16-62. Violations and penalties.

(a)

Any person, firm, corporation or agent who shall violate any provision of this chapter shall be subject to a civil penalty of $50.00. Any person, firm, corporation or agent who shall violate any technical provisions of the fire prevention code which creates an imminent safety to life hazards and/or which may create delays in the exiting of the building's occupant shall be subject to a civil penalty of $150.00. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by certified mail, return receipt requested, or by personal service (inspection). Any fire inspection officer who has a reason to believe that a violation of this chapter or the aforesaid technical provisions of the fire prevention code has been committed shall either send a civil penalty citation to the violator by certified mail or personally deliver such citation to the violator, and shall direct the violator to pay the penalty to the city tax collector's office within 14 days of receipt. Also, the owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or any other person who participates or acts in cert, assists, directs, creates or maintains any condition that is volatile of the requirements of this chapter or the aforesaid technical provisions of the Fire Prevention Code, may be held responsible for the violation and subject to penalties and remedies herein provided.

(b)

For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalty. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs.

(c)

If the civil penalty is not paid within the time prescribed in the citation, the fire inspection officer may have a criminal summons issued against the violator and may initiate a civil action in the nature of debt to collect all civil penalties. In addition to any criminal penalty the court may impose pursuant to G.S. 14-4, the violator shall be subject to the civil penalties provided by this chapter.

(d)

In addition to or in lieu of the penalty, the fire inspection officer or other appropriate authority may seek a mandatory injunction seeking enforcement of this ordinance.

(e)

Nothing in this section shall preclude the issuance of an arrest warrant where appropriate.

(Code 1952, ch. I, art. VIII, § 4; Ord. Amend. 08-01, 10-6-2008)