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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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Last modified
11/1/2012 2:42:26 PM
Creation date
10/23/2012 9:04:04 AM
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BOCC
Date
9/18/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8h
Document Relationships
Agenda - 09-18-2001 - 8h
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 09-18-2001
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033 <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 24-G 15.1) of this Ordinance, and shall direct the violator <br /> to 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 /> 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 /> Refer to the procedure as followed by the County. <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 of not less than fifty($50) dollars <br /> per day, with a maximum of fifteen thousand($15,000)dollars per day-aa <br /> exeeed$5,000, or by both, 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 Tow; 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 an <br /> approved erosion control plan, it may, either before or after the institution of any other <br /> action or proceeding authorized by this Ordinance, institute a civil action in the name of <br /> the te�N%e County for injunctive relief to restrain the violation or threatened violation. <br /> 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, the <br /> court shall enter any order or judgement that is necessary to abate the violation,to ensure <br /> that restoration is performed, or to prevent the threatened violation. The institution of an <br /> 32 <br />
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