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Orange County SE & SC Ordinance October 23 2007 <br />9. Credit of Civil Penalties <br />Civil penalties collected pursuant to this ordinance shall be credited to the Civil <br />Penalty and Forfeiture Fund. [Note: Case law on an air quality delegated program <br />determined that civil penalties assessed by local governments pursuant to a State <br />delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the <br />benefit of the local school boards pursuant to the State Constitution's provision on <br />State penalties, fines and forfeitures.] <br />B. Criminal Penalties <br />Any person who knowingly or willingly violates any provision of this Ordinance or <br />rule or order adopted or issued pursuant to this Ordinance, or who knowingly or <br />willfully initiates or continues a land- disturbing activity for which an Erosion Control <br />Plan is required except in accordance with the terms, conditions, and provisions of an <br />approved plan shall be guilty of a misdemeanor punishable by imprisonment not to <br />exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the <br />court. <br />SECTION 23 INJUNCTIVE RELIEF <br />A. Civil Action in Superior Court <br />Whenever the governing body of the Town or County has reasonable cause to believe <br />that any person is violating or threatening to violate this Ordinance or any rule or order <br />adopted or issued pursuant to this Ordinance, or any term, condition, or provision of <br />an approved Erosion Control Plan, it may, either before or after the institution of any <br />other action or proceeding authorized by this Ordinance, institute a civil action in the <br />name of the town or county for injunctive relief to restrain the violation or threatened <br />violation. The action shall be brought in the Superior Court of Orange County. <br />B. Order to Cease Violation <br />Upon determination by a court that an alleged violation is occurring or is threatened, <br />the court shall enter any order or judgment that is necessary to abate the violation, to <br />ensure that restoration is performed, or to prevent the threatened violation. The <br />institution of an action for injunctive relief under this section shall not relieve any <br />party to the proceedings from any civil or-criminal penalty prescribed for violations of <br />this Ordinance. <br />