Orange County NC Website
Article 9: Enforcement <br /> Section 9.7:Additional Procedures—Special Flood Hazard Area Overlay District <br /> 'SECTION • ' •CEDURES — SPECIAL FLOO <br /> OVERLAY <br /> 9.7.1 Actions in Eve f Violation <br /> (A) Identified violatio f the Special Flood Hazard Overlay District shall be sent a <br /> Notice of Violation. The tice shall detai nature of the violation and schedule a <br /> hearing with the Floodplain A ' i or to review the situation. <br /> (B) This hearing shall be hel ore the F lain Administrator at a designated place and <br /> time, not later tha business days after th to of the Notice, at which time the <br /> owner sha entitled to be heard in person or by c el and to present arguments and <br /> evi a pertaining to the matter. <br /> Following the hearing, the Floodplain Administrator may issue such r to alter, vacate, <br /> or demolish the structure; or to remove fill as appears appropriate. <br /> 9.7.2 Order to Take Corrective Action <br /> (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain <br /> Administrator shall find that the structure or development is in violation of this Ordinance, <br /> he or she shall make an order in writing to the owner, requiring the owner to remedy the <br /> violation within a specified time period, not less than 60 days. <br /> (B) Where the Floodplain Administrator finds that there is imminent danger to life or other <br /> property, he or she may order that corrective action be taken in such lesser period as <br /> may be feasible. <br /> (C) In the absence of an appeal (see Section�7 2.27.7), the order of the Floodplain <br /> Administrator shall be final. <br /> 9.7.3 Failure to Comply with Order <br /> If the owner of a building or property fails to comply with an order to take corrective action from <br /> which no appeal has been filed, or fails to comply with an order of the governing body following <br /> an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the <br /> discretion of the court. <br /> 9.8.1 In ections and Investigations <br /> (A) Inspections <br /> Agents, icials, or other qualified persons authorized by the my will periodically <br /> inspect Ian - 'sturbing activities to ensure: <br /> (1) Compliant ith the North Carolina Sedim ation Pollution Control Act of 1973 <br /> ("Act" in this Se 'on), this Ordinance, ules or orders adopted or issued <br /> pursuant to this Or ' nce; <br /> (2) The measures required in Ian are effective in controlling erosion and <br /> sediment resulting from nd- i rbing activity. <br /> Notice of the right to ins p shall be include ' the letter of approval of each Erosion <br /> Control Plan. <br /> (B) Authority to er Property and Conduct Investigatio and Inspections <br /> (1) o person shall willfully resist, delay, or obstruct an au <br /> ifrr <br /> ized representative, <br /> employee, or agent of Orange County, while that person is i1rapecting or <br /> attempting to inspect gland-disturbing activity under this section. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-8 <br />