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Orange County SE & SC Ordinance Septenib°''~.-.~azoa'^"'Member 12 20b6 <br />violator is served with a notice of assessment, An assessment that is contested is <br />due at the conclusion of the administrative and judicial review of the assessment. <br />3. Use of Penalties <br />Civil penalties collected pursuant to this Ordinance shall be credited to the general <br />fund of the local government asnon-tax revenue. <br />(county} shall determine the amount of the civil penalty based upon the following <br />factors: <br />(i} the degree and extent of harm caused by the violation, <br />ii) the cost of rectif ling the damage, <br />iii) the amount of mone~the violator saved by noncompliance, <br />(iv) whether the violation was committed willfully, and <br />~ the prior record of the violator in complying of failing to <br />comply with this ordinance. . <br />5 Notice of Civil Penalty Assessment <br />The governing body of the (city) (town} (county) shall provide notice of the civil <br />penalty amount and basis for assessment to the person assessed. The notice of <br />assessment shall be served by any means authorized under G.S. lA-l, Rule 4, and <br />shall direct the violator to either Pav the assessment or contest the assessment, <br />within 30 days after receipt of the notice of assessment by written demand for a <br />hearin . <br />6. Hearing <br />A hearing on a civil penalty shall be conducted by the (city) (town} (county), <br />(appropriate local agency within ( 1 days after the date of the written demand <br />for the hearing The agency conducting the hearing shall make its <br />recommendation to the governing body of the (cit~(townL(county) within <br />( )days after the date of the hearing. <br />7. I~nal Decision <br />The governing body shall render its final decision on the civil penalty within <br />( ) days of the receipt of the recommendation from the agency. <br />8. Appeal of Final Decision <br />Appeal from the final decision of the governing body shall be to the Superior <br />Court of the county where the violation occurred or the location of the violator's <br />residence or princ~al place of business. <br />9. Credit of Civil Penalties <br />Civil penalties collected pursuant to this ordinance shall be credited to the Civil <br />Penalty and Forfeiture Fund Lote• Case law on an air quality delegated program <br />determined that civil penalties assessed bylocal governments pursuant to a State <br />delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the <br />35 <br />