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assessment. The civil action may be brought in the Superior Court of the county <br />where the violation occurred, or the violator's residence or principal place of <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 nontax revenue. <br />4. Criminal Penalties <br />Any person who knowingly or willingly violates any provision of this Ordinance <br />or rule or order adopted or issued pursuant to this Ordinance, or who knowingly <br />or willfully initiates or continues a development activity for which a Stormwater <br />Management Plan is required except in accordance with the terms, conditions, and <br />provisions of an approved plan shall be guilty of a misdemeanor punishable by <br />imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, <br />at the discretion of the court. <br />Section 17 Injunctive Relief <br />A. Civil Action in Superior Court <br />Whenever the governing body of the Town or County has reasonable cause to believe that any <br />person is violating or threatening to violate this Ordinance or any rule or order adopted or issued <br />pursuant to this Ordinance, or any term, condition, or provision of an approved erosion control <br />plan, it may, either before or after the institution of any other action or proceeding authorized by <br />this Ordinance, institute a civil action in the name of the town or county for injunctive relief to <br />restrain the violation or threatened violation. The action shall be brought in the Superior Court of <br />Orange County. <br />B. Order to Cease Violation <br />Upon determination by a court that an alleged violation is occurring or is threatened, the court <br />shall enter any order or judgement that is necessary to abate the violation, to ensure that <br />restoration is performed, or to prevent the threatened violation. The institution of an action for <br />injunctive relief under this section shall not relieve any parry to the proceedings from any civil or <br />criminal penalty prescribed for violations of this Ordinance. <br />Section 18 Compliance with Requirements <br />Any person engaged in new development activities as defined by this Ordinance who fails to file a plan in <br />accordance with this Ordinance, or who conducts any new development except in accordance with <br />provisions of an approved Stormwater Management plan shall be deemed in violation of this Ordinance. <br />35 <br />