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ORD-2007-218 - Amendments to the Orange Co Stormwater Ord for Lands within the Neuse River Basin
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ORD-2007-218 - Amendments to the Orange Co Stormwater Ord for Lands within the Neuse River Basin
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Last modified
7/24/2012 10:23:54 AM
Creation date
6/15/2010 9:05:01 AM
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BOCC
Date
10/23/2007
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
4n
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Agenda - 10-23-2007-4n
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 10-23-2007
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No person shall will fully resist, delay, or obstruct an authorized representative, <br />employee, or agent of Orange County, while that person is inspecting or attempting to <br />inspect a required on -site BMP. The Enforcement Officer shall have the power to conduct <br />such investigations as deemed reasonably necessary to carry out the duties as prescribed <br />in this Ordinance, and for this purpose to enter at reasonable times upon any property, <br />public or private, for the purpose of investigating and inspecting the sites of any required <br />on -site BMP. No person shall refuse entry or access to any authorized representative or <br />agent of the county who request entry for purposes of inspection, and who presents <br />appropriate credentials, nor shall any person obstruct, hamper or interfere with any such <br />representative while in the process of carrying out their official duties. <br />D. Notice of Violation <br />If it is determined that a person responsible for construction or maintenance of any <br />permanent on -site BMP, or removal of any Illegal Discharge has failed to comply with <br />the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a <br />notice of violation shall be served upon that person. The notice maybe served by any <br />means authorized under G. S. 1 A -1, rule 4. The notice shall specify a date by which the <br />person must comply with the Act, or this Ordinance or rules, or orders adopted pursuant <br />to this Ordinance, and inform the person of the actions that need to be taken to comply <br />with the Act, this Ordinance, or rules or orders adopted pursuant to this Ordinance. <br />However, no time period for compliance need be given for encroaching on the riparian <br />buffer or obstructing, hampering or interfering with an authorized representative while in <br />the process of carrying out their official duties. Any person who fails to comply within <br />the time specified is subject to the civil and criminal penalties provided in this Ordinance. <br />In the event service cannot be accomplished by registered or certified mail, it may be <br />accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil <br />Procedure. <br />E. Power to Require Statements <br />The Enforcement Officer shall also have the power to require written statements, or the <br />filing of reports under oath, with respect to pertinent questions relating to land- disturbing <br />activities. <br />F. Stop Work Orders <br />Whenever any person is violating this Ordinance or any rule or order adopted or issued <br />pursuant to this Ordinance, or any term, condition, or provisions of an approved <br />Stormwater Management Plan, the Enforcement Officer may, either before or after the <br />institution of any other action or proceeding authorized by this Ordinance, issue a stop <br />work order for the site on which the violation has occurred. Upon issuance of such an <br />order and the posting of same on the site of the violation, all work on the site of the <br />violation shall cease, except those activities necessary to bring the site into compliance <br />with this Ordinance. Notice of the stop work order shall be in writing, directed to the <br />person conducting the land- disturbing activity and shall state the reasons for the issuance <br />of the order, and the conditions under which work may be resumed. Notice shall be given <br />33 <br />
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