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Minutes - 19831003
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Minutes - 19831003
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Last modified
4/25/2017 10:16:09 AM
Creation date
8/13/2008 12:38:51 PM
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BOCC
Date
10/3/1983
Meeting Type
Regular Meeting
Document Type
Minutes
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Agenda - 10-03-1983
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\Board of County Commissioners\BOCC Agendas\1980's\1983
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.... ... fA 1 Ppfv <br /> stream,. Carrboro also has standards for intermittent streams ►• C <br /> iFhereas the. County do-as not. 6��v <br /> � I <br /> I A-20 <br /> i I <br /> on the site of the violation shall cease, except those activities ! " <br /> necessary to bring the site into compliance with this ordinance. ' <br /> Notice of the stop work order shall be in writing, directed to the person <br /> responsible for the land-disturbing activity and shall state the reasons i E Fi <br /> for the issuance of the order, and the conditions under which work may be <br /> resumed. Notice shall be given by registered or certified mail . <br /> 1 <br /> E In the event service cannot be accomplished by registered or certified mail, , <br /> it may be accomplished in any manner provided in rule 4(j) of the North Carolina <br /> Rules of Civil Procedure- <br /> The owner or contractor may appeal a stop work order to the County Commissioners ccI <br /> within a period of five days after the order is issued. Notice of appeal shall Jr <br /> = be given in writing to the Commissioners, with a copy to the Erosion Control i <br /> Officer. The County Commissioners shall conduct a hearing at their next 1 <br /> scheduled meeting at which the appellant and the Erosion Control Officer or <br /> inspector shall be permitted to submit relevant evidence, and shall rule on , <br /> the appeal as expeditiously as possible. Pending the ruling by the Commissioners <br /> on an appeal, no further work shall take place in violation of a stop work order. <br /> Amended effective (December 5, 1978) ' <br /> E Section 22 Penalties •` <br /> a. Civil Penalties <br /> i (1) Any person who violates any of the provisions of this ordinance ? <br /> or rules or orders adopted or issued this-ordinance, <br /> pursuant to or who <br /> initiates or continues a land-disturbing activity for which an erosion <br /> control plan is required except in accordance with the terms, conditions, <br /> E and provisions of an a _" <br /> i of not more than $100.ppNovPenalty�shall lbeeassessed untilcthelperson ' <br /> penalty � •; <br /> ' <br /> alleged to be in violation has been notified of the violation: Each day �f � <br /> Of a continuing violation shall constitute a separate violation under <br /> Section 22(a)(1). I <br /> (2) The governing body of the town or county shall determine the amount <br /> of the civil <br /> penalty to be assessed under Section 22(a) and shall make <br /> written demand for payment upon the person responsible for the violation, <br /> and shall set forth in detail a description of the aiolation for which r <br /> the penalty has been invoked. If payment <br /> I <br /> settlement reached within 30 days afdemand ofor epaymentoisemade, <br /> I the matter shall be referred to the town or county attorney for <br /> institution of a civil action in the name of the town or county in I <br /> the appropriate division of the General Courts of Justice for recovery <br /> of the penalty. Any sums recovered shall be used to tarry out the purposes <br /> and requirements of this ordinance. <br /> b. Criminal Penalties <br /> Any person who knowingly or willingly violates an <br /> ordinance or rule or other adopted or issued purs an ttosion of this <br /> ordinance, <br /> or who knowingly or willfully initiates or continues a land-disturbing <br /> activity for which an erosion control plan is required except in accordance <br /> With the terms, conditions, and provisions of an approved plan shall be <br /> guilty of.a misdemeanor punishable by imprisonment not to exceed 90 days <br /> or by a fine not to exceed <br /> _x,000, or by both, at the discretion of the court. <br /> Amended Effecti-_ .;;ecember 6, 1978) <br />
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