Agenda - 11-19-2012 - C3 - Laserfiche WebLink

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Article 9: Enforcement Section 9.9:Stormwater Management (a)The Board of County Commissioners shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. (b)The notice of assessment shall be served by any means authorized under Section 9.9.1 of this Ordinance, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after the receipt of the notice of assessment, by written demand for a hearing. (c)If payment is not received within 30 days after demand for payment is made, the Erosion Control Officermay institute a civil action torecover the amount of the assessment. (d)The civil action may be brought in the Superior Court of the county where the violation occurred, or in the county where the violator’s residence or principal place of business is located. (e)Such civil actions must be filed within three years of the date the assessment was due. (f)An assessment that is not contested is due when the violator is served with a notice of assessment. (g)An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. (3)Credit of Civil Penalties (a)Civil penalties collected pursuant to this Section of the Ordinance shall be credited to the Civil Penalty and Forfeiture FundOrange County 4 general fund as nontax revenue. (B)Criminal Penalties Any personwho knowingly or willingly violates any stormwater management provision of this Ordinance or rule or order adopted or issued pursuant to these regulations, or who knowingly or willfully initiates or continues a development activity for which a Stormwater ManagementPlanis required except in accordance with the terms, conditions, and provisionsof an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the court. 9.9.3Injunctive Relief (A)Civil Action in Superior Court (1)Whenever the Board of County Commissioners has reasonable cause to believe that any person is violating or threatening to violate the stormwater management provisions of this Ordinance or any rule or order adopted or issued pursuant to these regulations, or any term, condition, orprovision of an approved Stormwater ManagementPlan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. (2)The action shall be brought in the Superior Court of Orange County. (B)Order to Cease Violation 4 NCGS §113A64(a)(5) states that penalties collected by Stateagencies under §113Ashall be credited to the Civil Penalty and Forfeiture Fund whilepenalties collected by local governmentsare credited to the local government’s general fund as nontax revenue. Orange County, North Carolina –Unified Development Ordinance Page 9-15