Orange County NC Website
1. Assessment of Penalties <br /> Any person who violates any of the provisions of this Ordinance or rules <br /> or orders adopted or issued pursuant to this Ordinance,or who fails to <br /> install, or complete any permanent on-site Nitrogen Reduction BMP or <br /> fails to conduct required maintenance on any permanent on-site BMP, or <br /> fails to remove an identified Illegal Discharge shall be subject to a civil <br /> penalty. The maximum civil penalty for a violation is five thousand dollars <br /> ($5,000). If, after the allotted time period has expired,the violator has not <br /> completed corrective action, a civil penalty may be assessed from the date <br /> the violation is detected. However, no time period for compliance need be <br /> given for failure to submit the Stormwater Management Plan for approval <br /> or for obstructing, hampering,or interfering with an authorized <br /> representative while in the process of carrying out his official duties. Each <br /> 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 notify the person who <br /> is 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 <br /> means authorized under Section 21 C of this Ordinance, and shall direct the <br /> violator to either pay the assessment or contest the assessment, within 30 <br /> days after the receipt of the notice of assessment,by written demand for a <br /> hearing. <br /> If payment is not received within 30 days after demand for payment is <br /> made,the County of town may institute a civil action to recover the <br /> amount of the assessment. The civil action may be brought in the Superior <br /> Court of the county where the violation occurred, or the violator's <br /> residence or principal place of business is located. Such civil actions must <br /> be filed within three(3)years of the date the assessment was due. An <br /> assessment that is not contested is due when the violator is served with a <br /> notice of assessment. An assessment that is contested is due at the <br /> conclusion of the administrative and judicial review of the assessment. <br /> 3. Use of Penalties <br /> Civil penalties collected pursuant to this Ordinance shall be credited to the <br /> general fund of the local government as nontax revenue. <br /> 4. Criminal Penalties <br /> Any person who knowingly or willingly violates any provision of this <br /> Ordinance or rule or order adopted or issued pursuant to this Ordinance, or <br /> who knowingly or willfully initiates or continues a development activity <br /> for which a Stormwater Management Plan is required except in <br /> accordance with the terms, conditions, and provisions of an approved plan <br /> shall be guilty of a misdemeanor punishable by imprisonment not to <br /> exceed 90 days or by a fine not to exceed $5,000, or by both, at the <br /> 35 <br />