48-6. Violations and Penalties

  1. Unlawful acts. Any person who violates this Code, or who permits a violation to exist on the premises under his/her control, or fails to take action to abate the existence of the violation(s) within a specified time frame, when ordered or notified to do so by the Code official, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.
  2. Notice of violation. The Code official shall serve a notice of violation and/or compliance order in accordance with Section 48-7.
  3. Violation penalties. Violations of this Code shall be prosecuted under Henderson County Code Chapter I, Article II, 1-14 Violations and Penalties. Each day of violation constitutes a separate offense.
  4. Civil Remedies. In the event of a violation or threat of violation of this Ordinance, the Code official, through the County Attorney may take appropriate action to enforce this Ordinance, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct, or abate such violations or threatened violations. The Code official, through the County Attorney, enforcing provisions of this Code may seek costs and expenditures, including staff time and attorneys' fees. An action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
  5. Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.