Chapter 1
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
County Code.
A.
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.
(1)
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 further 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.
(2)
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 
misdemeanor committed in the officer's presence, by arrest or citation, as set forth in 
N.C.G.S. Chapter 15A.
(3)
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.
B.
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. 
(1)
Compliance order.
a. 
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.
b.
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 offense.
(2)
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.
C.
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 and order of abatement in accordance with N.C.G.S. 153A-123.
(1)
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.
(2)
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.
(3)
Other equitable remedies. This Henderson County Code may be enforced by any other 
equitable remedy which a court of competent jurisdiction deems just and proper.
§ 1-15.Enforcement
This Henderson County Code may be enforced by the Henderson County Sheriff's Department