Agenda - 09-09-2013 - C3 - Laserfiche WebLink

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Article 9: Enforcement Section 9.7: Additional Procedures — Special Flood Hazard Area Overlay District 9.7.1 Actions in Ev�pf Violation (A) Identified violatio—qs.Qf the Special Flood Hazard Overlay District shall be sent a Notice of Violation. ThZNQtice shall detai nature of the violation and schedule a hearing with the Floodplain A i or to review the situation. (B) This hearing shall be hel ore the F lain Administrator at a designated place and time, not later tha business days after th to of the Notice, at which time the owner sha entitled to be heard in person or by c el and to present arguments and evi e pertaining to the matter. Following the hearing, the Floodplain Administrator may issue such r to alter, vacate, or demolish the structure; or to remove fill as appears appropriate. 9.7.2 Order to Take Corrective Action (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of this Ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days. (B) Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. (C) In the absence of an appeal (see Section :2 :24 7 2.27.7), the order of the Floodplain Administrator shall be final. 9.7.3 Failure to Comply with Order If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been filed, or fails to comply with an order of the governing body following an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the discretion of the court. 9.8.1 Infections and Investigations (A) Inspections Agents, ficials, or other qualified persons authorized by the my will periodically inspect Ian - isturbing activities to ensure: (1) Complianc ith the North Carolina Sedim ation Pollution Control Act of 1973 ( "Act" in this Se 'on), this Ordinance, ules or orders adopted or issued pursuant to this Or i nce; (2) The measures required in plan are effective in controlling erosion and sediment resulting from d- rbing activity. Notice of the right to ins p shall be include ' the letter of approval of each Erosion Control Plan. (B) Authority to er Property and Conduct Investigatio and Inspections (1) person shall willfully resist, delay, or obstruct an au ized representative, employee, or agent of Orange County, while that person is i ecting or attempting to inspect a land- disturbing activity under this section. Orange County, North Carolina — Unified Development Ordinance Page 9 -8 22