ORD-2000-038 Soil Erosion and Sedimentation Control Amendments

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17 Agents,officials,or other qualified persons authorized.by the County will periodically inspect the-:4es ef land distur-bing araiv land-disturbing activities to determ�re ensure:compliance with the Act,this ordinance,or rules or orders adopted or issued pursuant to this ordinance;whetheF the aetivity is being senduated in aeser-danee-A!4 an appfeved plan; and whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the letter of approval of each erosion control fietif-iA-_Ahie plan appF9,val BO. Authority to Enter Property and Conduct Investigations and Inspections No person shall willfully resist, delav,p)r obstruct an authorized representative, employee:or agent of Orange County,while that person is inspecting or attempting to inspect a land-disturbing activity under this section.The Erosion Control Officer shall have the power to conduct such investigations as he fa", masenably deem deemed reasonably necessary to carry out his the duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property,public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities.No person shall refuse entry or access to any authorized representative or agent of the county who request entry for purposes of inspection,and who presents appropriate credentials,nor shall any person obstruct,hamper or interfere with any such representative while in the process of carrying out his their official duties. RC. Notice of Violation If eugh inspeetien,it is determined that a person engaged in land-disturbing activity has failed to comply with the Act,this Ordinance,or rules,or orders adopted or issued pursuant to this Ordinance,eF has failed to semply with the appr-eved plan,a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. 1A-1,rule 4.by r-egisteFed er.raeFtified m r-etum Feeeipt Fequested,er-ether-means r-easenably ealealated to give aetual a The notice shall specify a date by which the person must comply with the Act,or this Ordinance or rules,or orders adopted pursuant to this Ordinance, and inform the person of the actions that need to be taken to comply with the Act,this Ordinance,or rules or orders adopted pursuant to this Ordinance.set fefth the measor-es nesessafy te a6hieve raemplianse-AQh the plan, spersify a r-easenable tifne per-ied withia whish sush Ineasufts Hmst be Gempleted,and-A%M"failure to aeffee4 the vielatieftwitLim 4a*i1ne per-ied will Fesult in the assessment 99 a eivil penaky eF ether-eafereement 6raien.However,no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties.Any.person who fails to comply within the time specified is subiect to the civil and criminal penalties provided in this Ordinance.if the per-sea eagaged in land dis4uAifig arativity fail semply withiR the time speelfled, eafemefneM astion shall be iflifiated-. uF�xnxTv - 1-1; t—h-e- event sefviee eannet be aeeemplished by mgister-ed 9F seffified mail,it may be aseemplished in my fawm@F pf:evided in nile(4N of the NeAh Gafelina Rules Af-Civil PrReAdUre. Commentary: The following 3 subsections in this Section will be relettered to account far the added subsection. Section 22 Penalties A. Civil Penalties 1. Assessment of Penalties Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance,or who initiates or continues a land-disturbing activity for CAMy Documents\ECFORMS\AMENDS2000.doc 4__