§ 143-151. Penalties. - North Carolina Statutes

§ 143‑151. Penalties.

(a)        Any person who is found by the Commissioner to have violatedthe provisions of the Act, this Article, or any rules adopted under thisArticle, shall be liable for a civil penalty not to exceed one thousand dollars($1,000) for each violation. Each violation shall constitute a separateviolation for each manufactured home or for each failure or refusal to allow orperform an act required by the Act, this Article, or any rules adopted underthis Article. The maximum civil penalty may not exceed one million dollars($1,000,000) for any related series of violations occurring within one yearafter the date of the first violation. In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation, the amount of money that inured to the benefit of theviolator as a result of the violation, whether the violation was willful, andthe prior record of the violator in complying or failing to comply with laws,rules, or orders applicable to the violator. The clear proceeds of civilpenalties provided for in this section shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        Any individual, or a director, officer or agent of acorporation who knowingly and willfully violates the Act, this Article, or anyrules adopted under this Article in a manner that threatens the health orsafety of any purchaser is guilty of a Class I felony. (1971, c. 1172, s. 7; 1979, c. 558, s. 1; 1985, c.487, s. 7; 1987, c. 429, s. 19; 1993, c. 539, s. 1011; 1994, Ex. Sess., c. 24,s. 14(c); 1998‑215, s. 93; 1999‑393, s. 2.)