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 Waxhaw
 Code of Ordinances
 Part II. CODE OF ORDINANCES
 Chapter 34. HEALTH AND SANITATION

  § 34-5. Penalty.

Latest version.

  • (a)

    Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to section 1-14.

    (b)

    Open burning violations.

    (1)

    The town shall have the authority to summarily abate any condition, including with assistance from the local fire department, that is in violation of section 34-1 and that presents an immediate fire hazard to life or property.

    (2)

    Any open burning in violation of section 34-1 shall be extinguished by the responsible party or the town, which may include assistance from the local fire department. All costs incurred by the town for enforcement of section 34-1 will be the responsibility of the party in violation of said section and will be added to the civil penalty.

    (3)

    A civil penalty shall be issued to any person or company violating the provisions of section 34-1. The civil penalty for residential violations shall be $50.00 and $100.00 for any repeat violation. The civil penalty for commercial violations of section 34-1 shall be $250.00 per stack or pile and $500.00 per stack or pile for any repeat violation by the same person or company. Each day's continuing violation shall constitute a separate offense as provided by G.S. 160A-175(g).

    (c)

    Any person violating section 34-2, and refusing to clean out the same after being notified by the town police officers of its condition, shall pay a civil penalty of $25.00 for every 24 hours the cellar, old well, pool, drain barrel or vessel shall remain in that condition. Any person having the same rented or in his charge shall be held responsible for the offense and penalty.

    (d)

    Any property that is in violation of section 34-3(a) shall be subject to the enforcement provisions set forth in section 34-3(c).

    (e)

    The town may apply for appropriate equitable remedy from the general court of justice, including, but not limited to, mandatory and prohibitory injunctions and orders of abatement as allowed pursuant to G.S. 160A-175 for violations of any provision under this chapter. The civil actions may name as defendants any person creating, allowing the creation of, or assisting in the creation of any unlawful condition, including the owner of the premises from which the condition or noise emanates and the person having actual control of the premises.

(Prior Code, §§ 3-110, 17-100; Code 2015, § 91.99; Ord. of 11-9-1998; Ord. of 7-1-2007; Ord. of 8-14-2012; Ord. of 12-9-2014 )