Article I - Adoption of Code
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 11-18-1998; 6-20-2001;
§ 1-1.Adoption of Code
The ordinances and resolutions of Henderson County of a general and permanent nature adopted by the Board of
Commissioners of Henderson County, as revised, codified and consolidated into chapters and sections, and
consisting of Chapters 1 through 999,
are hereby approved, adopted, ordained and enacted as the Henderson
County Code, herein after referred to as the Code.
§ 1-2.Code Supersedes Prior Legislation
This ordinance and the Henderson County Code shall supersede all other general and permanent legislation enacted
prior to the enactment of this Henderson County Code, except such legislation as is herein after expressly saved
from repeal or continued in force.
§ 1-3.Continuation of Existing Provisions
The provisions of the Henderson County Code, insofar as they are substantively the same as those of the legislation
in force immediately prior to the enactment of the Henderson County Code by this ordinance, are intended as a
continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from
the date of adoption of the prior legislation.
§ 1-4.When Effective
This ordinance shall take effect immediately upon passage and publication according to law.
§ 1-5.Copy of Code on File
A copy of the Henderson County Code shall be certified to by the County Clerk, and such certified copy shall
remain on file in the office of said County Clerk to be made available to persons desiring to examine the same
during all times while said Code is in effect. Certified copies of the entire Henderson County Code, individual
sections, articles, or chapters can be obtained from the County Clerk for a reasonable fee.
§ 1-6.Amendments to Code
Any and all additions, deletions, amendments or supplements to the Henderson County Code, when adopted in such
form as to indicate the intention of the Board of Commissioners to make them apart thereof, shall be deemed to be
incorporated into such Henderson County Code so that reference to the Code of Henderson County" shall be
understood and intended to include such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing said Henderson County Code as amendments and
§ 1-7.Publication; Filing
The Clerk of Henderson County, pursuant to law, shall cause to be published, in the manner
required by law, a copy
of a Notice of Adoption. Sufficient copies of the Henderson County Code shall be maintained in the office of the
Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this
ordinance, coupled with the availability of a copy of the Henderson County Code for inspection by the public, shall
be deemed, held and considered to be due and legal publication of all provisions of the Henderson County Code for
§ 1-8.Code Book to Be Kept Up-To-Date
It shall be the duty of the County Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the
certified copy of the book containing the Henderson County Code required to be filed in the Clerk's office for use by
the public. All changes in said Henderson County Code and all legislation adopted subsequent to the effective date
of this codification which shall be adopted specifically as part of the Henderson County Code shall, when finally
adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said
Henderson County Code book, at which time such supplements shall be inserted therein.
§ 1-9.Altering or Tampering With Code; Penalties for Violation
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the
Henderson County Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of
Henderson County to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be
subject, upon conviction, to the maximum fine as provided by law.
§ 1-10.Severability of Code Provisions and Ordinance Provisions
Each section of the Henderson County Code and every part of each section is an independent section
or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or
ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other
sections or parts thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof
to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or
constitutionality of any other sections or parts thereof.
§ 1-11.Definition of Legislation
The term "legislation as used in this Adoption Ordinance shall mean any and all written ordinances or resolutions
having the effect of law and being duly adopted by the Board of Commissioners pursuant to statute. Specifically
excluded from this definition are those policies or guidelines that are intended to be purely advisory in nature and
those administrative polices, directives, procedures and/or regulations adopted by the Board of Commissioners or
any other County Board, Committee or official.
All legislation or parts of legislation of a general and permanent nature adopted and in force on the date of the
adoption of this ordinance and not contained in the Henderson County Code are hereby repealed as of the effective
date of this Adoption Ordinance, except as herein after provided.
§ 1-13.Legislation Saved From Repeal
The adoption of this Henderson County Code and the repeal of legislation provided for in § 1-12 of this ordinance
shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any legislation adopted subsequent to December 1, 1997.
Any right or liability established, accrued or incurred under any legislative provision prior to the
effective date of this ordinance or any action or proceeding brought for the enforcement of such right
Any offense or act committed or done before the effective date of this ordinance in violation of any
legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior
to the effective date of this ordinance brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance or resolution providing for the laying out, opening, altering, widening, relocating,
straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-
of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the
payment of money or authorizing the issuance and delivery of any bond or other instruments or
evidence of the County's indebtedness.
Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property or any lawful
contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances or resolutions pertaining to the rate and manner of payment of
salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for County employees.
The Personnel Resolution adopted on September 21, 1988, and all amendments thereto.
The Vested Rights Ordinance adopted on November 4, 1996, and all amendments thereto.
The Resolution Authorizing the Henderson County Manager to Receive Bids, Award Bids, Reject
Bids, Re advertise to Receive Bids, or Waive Bid Bonds or Deposits or Performance and Payment
Bond Requirements for the Purchase of Apparatus, Supplies, Materials, or Equipment adopted on
August 20, 1997, and all amendments thereto.
The Budget Ordinance adopted on June 30, 1998, and all amendments thereto.
The Rules of Procedure for the Henderson County Board of Commissioners, the Cane Creek Water
and Sewer District Board of Commissioners and the Mud Creek Water and Sewer District Board of
Commissioners adopted November 2, 1992, and all amendments thereto.
The bylaws of any board or committee of Henderson County and all amendments thereto.
The Budget Development Resolution adopted on September 8, 1998, and all amendments thereto.
The Henderson County Policy Regarding the Sale of Real Property Owned by Henderson County as
Result of a Tax Foreclosure Sale adopted on December 23, 1992, and all amendments thereto.
§ 1-13.1.Changes in Previously Adopted Legislation
In compiling and preparing the ordinances and resolutions for adoption and revision as part of the
Code, certain grammatical changes and other minor changes were made in one or more of said
ordinances and resolutions. It is the intention of the Board of Commissioners that all such changes be
adopted as part of the Code as if the ordinances and resolutions so changed had been previously
formally amended to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective
upon the effective date of this ordinance, as set forth in Schedule A attached hereto and made a part
§ 1-13.2.Legislation and Further Amendments to Be Included In Initial Supplement
The following additions, changes, amendments or revisions are made herewith, to become effective upon the
effective date of this ordinance, unless such additions contain an earlier effective date, as set forth in Schedule B
attached hereto and made a part hereof.
Article II --
Penalties and Enforcement
§ 1-14.Violations and Penalties
Any of the below-stated actions or a combination thereof may be pursued for any violation of this Henderson
Criminal penalties. Unless otherwise provided by this Henderson County Code or other applicable law,
violation of this Code shall constitute a Class 3 misdemeanor punishable by a fine not to exceed $500.
Each day's violation shall be treated as a separate offense. Violation of a provision of this Code
regarding the operation or parking of vehicles shall be responsible for an infraction and shall be
required to pay a penalty of not more than $50.
Warning ticket. Upon the violation of a particular provision of the Henderson County Code,
an individual may be issued a warning ticket. Such warning ticket shall identify the particular
practice which is in violation of the Code and shall state the time, date and place of the
violation. Such warning ticket shall further state that if the individual commits
violations following the date of the warning ticket, Henderson County, by and through
enforcement agent, may cause a warrant to be issued for the individual's arrest.
Arrest or citation. Upon the violation of a particular provision of this Henderson County
Code, a law enforcement officer having jurisdiction may charge the offender with a
in the officer's presence, by arrest or citation, as set forth in N.C.G.S.
Warrant. Upon the violation of a particular provision of this Henderson County Code,
Henderson County, by and through an enforcement agent may request from a magistrate that a
warrant be issued for the arrest of the individual.
Civil penalties. Any individual who is found in violation of this Henderson County Code may be
subject to a civil penalty. Except as specified in this Henderson County Code, the amount of such civil
penalty shall be $50. Each day's violation shall be treated as a separate offense.
Upon making a determination that a person is in violation of this Henderson County
Code, Henderson County shall issue a compliance order to the person in violation of
this Code. The compliance order shall notify the violator of the violation in writing.
Such order shall identify the circumstances giving rise to the violation, including the
times, dates and places of the violation. Such notification shall further identify the
action which is necessary to comply with this Code. Such notification shall state that
if the violator does not comply within a reasonable time, not to exceed 15 days, the
individual will be subjected to a civil penalty. If circumstances exist such that the
violator cannot come into compliance within 15 days, Henderson County may grant
an extension of time commensurate with the magnitude of the violation. The
compliance order shall further state that failure to comply with the terms of the
compliance order will subject the violator to a civil penalty and shall further state the
amount of said civil penalty.
Failure to comply with the terms of a compliance order issued by Henderson
County within the time stated in the order shall subject the violator to a civil penalty
of $50. Each day that the violation continues shall be considered a separate offense,
and the violator may be subject to an additional civil penalty for each such separate
Civil action. When necessary to collect any civil penalty or accrued civil
penalties, a civil
action may be instituted against an individual for the collection of all accrued penalties.
Equitable remedies. This Henderson County Code may be enforced by equitable remedies, and any
unlawful condition existing in violation of this Henderson County Code may be enforced by injunction
Injunction. Where necessary to effectuate compliance with this Henderson County Code,
Henderson County may institute an action in a court of competent jurisdiction seeking an
injunction against the further violation of this Code. Such action may be joined with a civil
action instituted to collect accrued civil penalties in accordance with the provisions above.
Order of abatement. Where necessary to abate a condition existing upon land in violation of
this Henderson County Code or a use made of land in violation of this Code, Henderson
County may institute an action in a court of competent jurisdiction seeking an order of
abatement of the use or condition of land in violation of this Henderson County Code. Such
action may be joined to an action for an injunction and/or an action to recover civil penalties
accrued against an individual for the use or condition of land in violation of this Code.
Other equitable remedies. This Henderson County Code may be enforced by any other
which a court of competent jurisdiction deems just and proper.
This Henderson County Code may be enforced by the Henderson County Sheriff's Department.
Article III - Federal, State or Local Agencies
§ 1-16.References to Include Successors
As used in the Henderson County Code, references made to any federal, state or local
agency, or any division
thereof, shall be deemed to include the appropriate success or agency or division.
§ 1-17. Through
1- 25. (Reserved)