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

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Article 9: Enforcement Section 9.8: Soil Erosion and Sedimentation Control punishable by imprisonment not to exceed 90 days or by a fine not to exceed $71 or by both, at the discretion of the court. 9.8.3 Injukctive Relief (A) .vil Action in Superior Court (1) Whenever the governing body of the Town or County ha easonable cause to elieve that any person is violating or threatening to vi ate the soil erosion and se 'mentation control provisions of this Ordinance any rule or order adopted or issue ursuant to these regulations, or any ter , condition, or provision of an approve Erosion Control Plan, it may, either fore or after the institution of any other actio or proceeding authorized by t i Ordinance, institute a civil action in the name of t town or county for injun ive relief to restrain the violation or threatened viola n. (2) The action shall be b ught in th uperior Court of Orange County. (B) Order to Cease Violation (1) Upon determination by ou hat an alleged violation is occurring or is threatened, the court all enter y order or judgment that is necessary to abate the violation, to en re that restora n is performed, or to prevent the threatened violation. (2) The institut' of an action for injunctive re i f under this section shall not relieve any part o the proceedings from any civil or iminal penalty prescribed for violati s of the soil erosion and sedimentation trol provisions of this Or ' ance. 9.8.4 Restoration Areas Affected by Failure to Comply /(A)e County may require a person who is engaged in a land- disturbing ctivity and failed tain sediment generated by the activity, as required by N.C.G.S. 11 - 57(3), to re the waters and land affected by the failure so as to minimize the det i ental ts of the resulting pollution by sedimentation. authority is in addition to any other civil or criminal penalty or injunctive relief orized under this Ordinance. 9.8.5 Revocation of Land Disturbing Permit (A) Whenever a person conducting a land- disturbing activity is not complying with the soil erosion and sedimentation control provisions of this Ordinance, the Land Disturbing Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site. (B) Notice of Revocation shall be sent by registered or certified mail to the person conducting the land- disturbing activity. In the event delivery cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in Rule 4 (j) of the North Carolina Rules of Civil Procedure. (C) Upon receipt of the Revocation Notice, the person responsible must immediately order all land- disturbing activities to cease except those which are specifically directed towards bringing the site into compliance with the soil erosion and sedimentation control provisions of this Ordinance. (D) Once the site has been inspected and remedial work approved by the Erosion Control Officer, the responsible party may reapply for a Land Disturbing Permit and pay the appropriate fee. (E) Resumption of land disturbing activities other than those necessary to bring the site back into compliance with the soil erosion and sedimentation control provisions of this Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation of the Ordinance. Orange County, North Carolina — Unified Development Ordinance Page 9 -12 23