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Orange County SE & SC Ordinance October 23 2007 <br />business is located. Such civil actions must be filed within three (3) years of the <br />date the assessment was due. An assessment that is not contested is due when the <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 as non -tax revenue. <br />4. Civil Penalty Assessment Factors <br />Civil Penalty Assessment Factors. The governing body of the (city), (town), <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 rectifying the damage, <br />(iii) the amount of money the violator saved by noncompliance, <br />(iv) whether the violation was committed willfully, and <br />(v) 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. 1 A -1, Rule 4, and <br />shall direct the violator to either pay the assessment or contest the assessment, <br />within 30 days after receipt of the notice of assessment, by written demand for a <br />hearing. <br />6. Hearing <br />A hearing on a civil penalty shall be conducted by the (city),(town),(county), <br />(appropriate local agency, within 15 days after the date of the written demand for <br />the hearing. The agency conducting the hearing shall make its recommendation to <br />the governing body of the (city, (town), (county), within 15 days after the date of <br />the hearing. <br />7. Final Decision <br />The governing body shall render its final decision on the civil penalty within 15 <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 principal place of business. <br />35 <br />