Orange County NC Website
Browse       Search
discretion of the court. <br /> Section 17 Injunctive Relief <br /> A. Civil Action in Superior Court <br /> Whenever the governing body of the Town or County has reasonable cause to believe <br /> that any person is violating or threatening to violate this Ordinance or any rule or order <br /> adopted or issued pursuant to this Ordinance, or any term,condition, or provision of an <br /> approved erosion control plan,it may,either before or after the institution of any other <br /> action or proceeding authorized by this Ordinance,institute a civil action in the name of <br /> the town or county for injunctive relief to restrain the violation or threatened violation. <br /> The action shall be brought in the Superior Court of Orange County. <br /> B. Order to Cease Violation <br /> Upon determination by a court that an alleged violation is occurring or is threatened,the <br /> court shall enter any order or judgement that is necessary to abate the violation,to ensure <br /> that restoration is performed,or to prevent the threatened violation.The institution of an <br /> action for injunctive relief under this section shall not relieve any party to the proceedings <br /> from any civil or criminal penalty prescribed for violations of this Ordinance. <br /> Section 18 Compliance with Requirements <br /> Any person engaged in new development activities as defined by this Ordinance who fails to file <br /> a plan in accordance with this Ordinance,or who conducts any new development except in <br /> accordance with provisions of an approved Stormwater Management plan shall be deemed in <br /> violation of this Ordinance. <br /> Section 19 Severability <br /> If any one or more sections or portions thereof of this Ordinance are held to be invalid or <br /> unenforceable,all other sections and portions thereof shall nevertheless continue in full force and <br /> effect. <br /> Section 20 Effective Date <br /> This Ordinance will become effective upon passage by the Orange County Board of <br /> Commissioners and the approval of the Environmental Management Commission. <br /> Section 21 Revisions to this Ordinance <br /> The County shall review all the Commission's revisions to the Model Ordinance and,within 90 <br /> days of receipt of the recommended revisions,submit draft amendments to the Commission for <br /> its consideration and comments.Within 150 days after receipt of the Commissions`comments, <br /> the County will formally consider proposed amendments and to the extent deemed necessary by <br /> the County,incorporate the amendments into the Stormwater Management Ordinance. <br /> 36 <br />