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

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Orange County SE & SC Ordinance October 23 2007 H. Inspection & Report Procedure The landowner, the financially responsible parry, or the landowner's or the financially responsible parry's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A- 57(2). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land - disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by the subsections shall be in addition to inspections required by G. S. 113A -61.1. SECTION 22 PENALTIES A. Civil Penalties 1. Assessment of Penalties Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance, or who initiates or continues a land - 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 subject to a civil penalty. The maximum civil penalty for a violation is five thousand dollars ($5,000) per day. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date the violation is detected. However, no time period for compliance need be given for failure to submit an Erosion Control Plan for approval or for obstructing, hampering, or interfering with an authorized representative while in the process of carrying out his official duties. Each day of a continuing violation shall constitute a separate violation under Section 22(A)(1). 2. Demand for Payment of Penalty The Orange County Board of Commissioners shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under Section 2 1 C of this Ordinance, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after the receipt of the notice of assessment, by written demand for a hearing. If payment is not received within 30 days after demand for payment is made, the County of town may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of the county where the violation occurred, or the violator's residence or principal place of 34