ORD-2007-217 -Amendents to the Soil Erosion and Sedimentation Control Ordinance

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Orange County SE & SC Ordinance October 23 2007 official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil Procedure. D. Power to Require Statements The Erosion Control Officer shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land - disturbing activities. E. Power to Revoke Land Disturbing Permits The Erosion Control Officer shall have the power to revoke Land Disturbing Permits issued by the Erosion Control Division as provided for under Section 17C of this Ordinance. F. Stop Work Orders Whenever any person is violating this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provisions of an approved Erosion Control Plan, the Erosion Control Officer may, either before or after the institution of any other action or proceeding authorized by this Ordinance, issue a stop work order for the site on which the violation has occurred. Upon issuance of such an order and the posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. Notice of the stop work order shall be in writing, directed to the person conducting the land- disturbing activity and shall state the reasons for the issuance of the order, and the conditions under which work may be resumed. Notice shall be given by registered or certified mail. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil Procedure. G. Appeal of Stop Work Order The person conducting the land - disturbing activity may appeal a stop work order to the County Commissioners within a period of five days after the order is issued. Notice of appeal shall be given in writing to the Commissioners, with a copy to the Erosion Control Officer. The County Commissioners shall conduct a hearing at their next scheduled meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. Pending the ruling by the Commissioners on an appeal, no further work shall take place in violation of a stop work order. 33