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1. compliance with the Act,this ordinance, or rules or orders adopted or <br /> issued pursuant to this ordinance; <br /> 2. whether the measures required in the plan are being constructed in <br /> accordance with the approved plan; <br /> 3. whether the permanent BMP's are in need of any maintenance <br /> including,but not limited to,the following: <br /> a) mowing of vegetation, <br /> b) vegetation re-establishment, <br /> c) tree removal (especially from wet detention ponds), <br /> d) stabilization of any eroding areas, and <br /> e) structural (pipe,riser, dam, etc)repair. <br /> B. Notice of the right to inspect shall be included in the letter of approval of each <br /> Stormwater Management Plan. <br /> C. Authority to Enter Property and Conduct Investigations and Inspections <br /> No person shall will fully resist, delay, or obstruct an authorized representative, <br /> employee, or agent of Orange County,while that person is inspecting or <br /> attempting to inspect a required on-site BMP. The Erosion Control Officer shall <br /> have the power to conduct such investigations as deemed reasonably necessary to <br /> carry out the duties as prescribed in this Ordinance, and for this purpose to enter <br /> at reasonable times upon any property,public or private, for the purpose of <br /> investigating and inspecting the sites of any required on-site BMP.No person <br /> shall refuse entry or access to any authorized representative or agent of the county <br /> who request entry for purposes of inspection, and who presents appropriate <br /> credentials, nor shall any person obstruct,hamper or interfere with any such <br /> representative while in the process of carrying out their official duties. <br /> D. Notice of Violation <br /> If it is determined that a person responsible for construction or maintenance of <br /> any permanent on-site BMP,or removal of any Illegal Discharge has failed to <br /> comply with the Act,this Ordinance, or rules, or orders adopted or issued <br /> pursuant to this Ordinance, a notice of violation shall be served upon that person. <br /> The notice may be served by any means authorized under G.S. lA-1, rule 4. The <br /> notice shall specify a date by which the person must comply with the Act, or this <br /> Ordinance or rules,or orders adopted pursuant to this Ordinance, and inform the <br /> person of the actions that need to be taken to comply with the Act, this Ordinance, <br /> or rules or orders adopted pursuant to this Ordinance. However,no time period <br /> for compliance need be given for encroaching on the riparian buffer or <br /> obstructing,hampering or interfering with an authorized representative while in <br /> the process of carrying out their official duties.Any person who fails to comply. <br /> within the time specified is subject to the civil and criminal penalties provided in <br /> this Ordinance. <br /> 33 <br />