Posts Tagged ‘civil penalties’

Civil Penalties for Violations of State Emergency Orders?

Monday, November 30th, 2020

[Update (12/14/2020): On December 10, 2020, the North Carolina Department of Justice issued an informal opinion letter that differs from the opinion that I reach in this blog post. In the post, I conclude that cities and counties probably lack statutory authority to implement civil penalties to enforce the Governor’s COVID-19 orders. The December 10 […]

Civil Penalties and Zoning: Why Fight ‘Em, Just Cite ‘Em

Wednesday, March 10th, 2010

The expansion of  a certain nonconforming junkyard and auto salvage yard violates the zoning ordinance, a condition that has existed for some time. Warnings have gone unheeded. The local government has sought to accommodate every promise made that the violator will comply, but has little to show for it. There is relatively little interest in […]

Can Cities Keep Ordinance Penalties After Shavitz?

Friday, November 6th, 2009

Article IX, section 7 of the State Constitution directs that the clear proceeds of all fines and penalties collected for “any breach of the penal laws of the State” be given to the public schools.  Cities have been avoiding this direction by decriminalizing violations of their ordinances, but some city attorneys have been concerned that […]