Sec. 10-5. - Violations and penalties.
(a) Pursuant to G.S. § 160A-175, any person, firm, corporation, or agent who violates any provision of this chapter shall be subject to a minimum civil penalty of one hundred fifty dollars ($150.00). Except as set forth herein, 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 shall be subject to a civil penalty of one hundred fifty dollars ($150.00) per violation. Any person, firm, corporation or agent who shall exceed any lawfully posted occupancy shall be subject to a civil penalty of one hundred fifty dollars ($150.00) per person in excess of the posted occupancy. Any person, firm, corporation or agent who fails to maintain a counting procedure (such as mechanical counters) approved by the fire code official, shall be subject to a civil penalty of one hundred fifty dollars ($150.00) per missing counter or inaccurate counter. Depending on the number of entrances and exits, at least one (1) "in" counter and at least one (1) "out" counter shall be maintained to provide an accurate count of all occupants inside the building at any time. Any person, firm, corporation or agent who shall lock, block or obstruct an exit or fail to timely return a fire protection system to service, shall be subject to a civil penalty of five hundred dollars ($500.00) per exit for a first violation, one thousand dollars ($1,000.00) per exit for a second violation and one thousand five hundred dollars ($1,500.00) per exit for a third and all subsequent violations. Any person, firm, corporation or agent who shall tamper with or maliciously discharge fire protection equipment, or damage any emergency or exit lighting equipment shall be subject to a civil penalty of one hundred fifty dollars ($150.00) for a first violation, three hundred dollars ($300.00) for a second violation and four hundred dollars ($400.00) for a third and all subsequent violations. Any person, firm, corporation or agent who fails to timely submit the Brycer Report by uploading it into the system shall be subject to a civil penalty of five hundred dollars ($500.00) per system, per occurrence. 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), or by arrest resulting in prosecution. 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 stating the nature of the violation, the penalty to be imposed upon the violator, and shall direct the violator to pay the penalty to the city tax collector's office within fourteen (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 concert, 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. Any person, firm, corporation or agent who shall work without permits or is issued a stop work order shall be subject to a civil penalty of five thousand dollars ($5,000.00) for a first violation, seventy-five hundred dollars ($7,500.00) for a second violation, ten thousand dollars ($10,000) for a third violation, fifteen thousand dollars ($15,000.00) for a fourth violation and for all subsequent violations twenty thousand dollars ($20,000.00) with a referral to the North Carolina Department of Insurance and the appropriate licensing board.
(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.
The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the general assembly to regulate the proscribed conduct.
(c) Pursuant to G.S. § 14-4, any failure to pay the civil penalty assessed under this section within the time prescribed in the citation shall be a class 3 misdemeanor. In such cases, the fire inspection officer shall submit the violation to the magistrate for issuance of a summons or other appropriate criminal process. Nothing in this section precludes the city from seeking both criminal and civil remedies for the same violation, as permitted by law, such that 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 section.
(e) Nothing in this section shall preclude the issuance of an arrest warrant where appropriate.
(f) The chief fire inspection officer shall cause all civil penalty citations to the records of the issuance and disposition of said tickets to be so maintained that they can be accounted for. The director of finance, or his/her/their representative, shall periodically investigate the records for the purpose of determining the disposition of said ticket forms and shall report the results of such investigation to the city manager.
(Ord. No. 22-141, § 1, 6-21-22; Ord. No. 25-098, § 1, 6-17-25)