ORD-2007-017 - Sedimentation and Erosion Control Ordinance

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Orange County SE & SC Ordinance °°^«°^~~ -'~^^"~Sentember 12, 201)6 benefit of the local school boards pursuant to the State Constitution's provision on State penalties, fines and forfeitures.l B. Criminal Penalties Any person who knowingly or willingly violates any provision of this Ordinance or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues aland-disturbing activity for which an Erosion Control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the court. SECTION 23 INJUNCTIVE RELIEF A. Civil Action in Superior Court Whenever the governing body of the Town or County has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved Erosion Control Plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the town or county for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Orange County. B Order to Cease Violatiou Upon determination by a court that an alleged violation is occuning or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive. relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. 36