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18 <br /> which an erosion control plan is required except in accordance with the terms,conditions,and <br /> provisions of an approved plan, is subject to a civil penalty.The maximum civil penalty for a <br /> violation is five thousand dollars($5,000)per day. <br /> A civil penalty may be assessed from the date the violation is detected if the deadline stated in <br /> the Notice of Violation is not met.A one-time civil penalty of five thousand dollars($5000)may <br /> be assessed for the day the violation is first detected However,no time period for compliance <br /> need be given for failure to submit an Erosion Control Plan for approval or for obstructing, <br /> hampering,or interfering with an authorized representative while in the process of carrying out <br /> his official duties.Each day of a continuing violation shall constitute a separate violation under <br /> Section 22(A)(1). <br /> 2. Demand for Payment of Penalty <br /> The Orange County Board of Commissioners shall make notify the person who is assessed the <br /> ' civil penalty of the amount of the penalty and the reason for assessing the penalty "itten <br /> d----A P--r -espensible for-the viela4ien,and shall set Aith in detail-& <br /> deser-iptien penalty Z1Z-1"QIiVR- <br /> Ile notice of assessment shall be served by any eans authorized under Section 21C of this <br /> Ordinance, and shall direct the violator to either pale assessment or contest the assessment <br /> within 30 days after receipt of the notice of assessment by written demand for a hearing. <br /> If payment is not received within 30 days after demand for <br /> payment is made,the County or town mgy institute a civil action to recover the amount of the <br /> assessment.The civil action may be brought in the Superior Court of the cou=where the <br /> violation occurred,of the violator's residence or principal place of business is located meter. <br /> penalty Such civil actions must be filed within three(3)years of the date the assessment was <br /> due.An assessment that is not contested is due when the violator is served with a notice of <br /> assessment.An assessment that is contested is due-at the conclusion of the administrative and <br /> judicial review of the assessment. <br /> Penalty-soi-c aixcre-^cv csscrt:a-rcim grvsarora Gviruvzx7urr <br /> shall be subjeat to a singleD nen eentinuing aMl penalty efene thousand dellafs($1,000).Any <br /> d <br /> er-issued pursuant to this Or-dinanes by Orange County.- <br /> Commentary. This penalty is deleted. The penalty of,$500 a day until the violation is corrected <br /> can be used instead. <br /> 34. Use of Penalties <br /> Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of the <br /> local government as nontax revenue. G.S. <br /> Section 23 Injunctive Relief <br /> B. Order to Cease Violation <br /> Upon determination by a court that an alleged violation is occurring or is threatened,the court 4 shall <br /> CAMy Documents\ECFORMS\AMENDS2000.doc <br /> 5 _ <br />