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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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by registered or certified mail. <br />In the event service cannot be accomplished by registered or certified mail, it may be <br />accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil <br />Procedure. <br />G. Appeal of Stop Work Order <br />The person conducting the development activity may appeal a stop work order to the <br />County Commissioners within a period of five days after the order is issued. Notice of <br />appeal shall be given in writing to the Commissioners, with a copy to the Enforcement <br />Officer. The County Commissioners shall conduct a hearing at their next scheduled <br />meeting at which the appellant and the Enforcement Officer or Inspector shall be <br />permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as <br />possible. Pending the ruling by the Commissioners on an appeal, no further work shall <br />take place in violation of a stop work order. <br />Section 16 Penalties <br />A. Civil Penalties <br />1. Assessment of Penalties <br />Any person who violates any of the provisions of this Ordinance or rules or orders <br />adopted or issued pursuant to this Ordinance, or who fails to install, or complete <br />any permanent on -site Nitrogen Reduction BMP or fails to conduct required <br />maintenance on any permanent on -site BMP, or fails to remove an identified <br />Illegal Discharge shall be subject to a civil penalty. The maximum civil penalty <br />for a violation is five thousand dollars ($5,000). If, after the allotted time period <br />has expired, the violator has not completed corrective action, a civil penalty may <br />be assessed from the date the violation is detected. However, no time period for <br />compliance need be given for failure to submit the Stormwater Management Plan <br />for approval or for obstructing, hampering, or interfering with an authorized <br />representative while in the process of carrying out his official duties. Each day of <br />a continuing violation shall constitute a separate violation under Section 22(A)(1). <br />2. Demand for Payment of Penalty <br />The Orange County Board of Commissioners shall notify the person who is <br />assessed the civil penalty of the amount of the penalty and the reason for <br />assessing the penalty. The notice of assessment shall be served by any means <br />authorized under Section 2 1 C of this Ordinance, and shall direct the violator to <br />either pay the assessment or contest the assessment, within 30 days after the <br />receipt of the notice of assessment, by written demand for a hearing. <br />If payment is not received within 30 days after demand for payment is made, the <br />County or town may institute a civil action to recover the amount of the <br />34 <br />
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