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Article 9: Enforcement <br /> Section 9.8: Soil Erosion and Sedimentation Control <br /> punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,0 , or <br /> by both, at the discretion of the court. <br /> 9.8.3 Inju tive Relief <br /> (A) .vil Action in Superior Court <br /> (1) Whenever the governing body of the Town or County ha easonable cause to <br /> elieve that any person is violating or threatening to vi ate the soil erosion and <br /> se 'mentation control provisions of this Ordinance any rule or order adopted or <br /> issue ursuant to these regulations, or any ter , condition, or provision of an <br /> approve Erosion Control Plan, it may, either fore or after the institution of any <br /> other actio or proceeding authorized by t ' Ordinance, institute a civil action in <br /> the name of town or county for injun ve relief to restrain the violation or <br /> threatened viola n. <br /> (2) The action shall be b ught in th uperior Court of Orange County. <br /> (B) Order to Cease Violation <br /> (1) Upon determination by ou hat an alleged violation is occurring or is <br /> threatened, the court all enter y order or judgment that is necessary to abate <br /> the violation, to en re that restora n is performed, or to prevent the threatened <br /> violation. <br /> (2) The institut' of an action for injunctive re' f under this section shall not relieve <br /> any part o the proceedings from any civil or iminal penalty prescribed for <br /> violati s of the soil erosion and sedimentation trol provisions of this <br /> Or ' ance. <br /> 9.8.4 Restoration Areas Affected by Failure to Comply <br /> /(A) County may require a person who is engaged in a land-disturbing ctivity and failed <br /> tain sediment generated by the activity, as required by N.C.G.S. 11 -57(3), to <br /> re the waters and land affected by the failure so as to minimize the det ' ental <br /> ts of the resulting pollution by sedimentation. <br /> authority is in addition to any other civil or criminal penalty or injunctive relorized under this Ordinance. <br /> 9.8.5 Revocation of Land Disturbing Permit <br /> (A) Whenever a person conducting a land-disturbing activity is not complying with the soil <br /> erosion and sedimentation control provisions of this Ordinance, the Land Disturbing <br /> Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control <br /> Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site. <br /> (B) Notice of Revocation shall be sent by registered or certified mail to the person conducting <br /> the land-disturbing activity. In the event delivery cannot be accomplished by registered or <br /> certified mail, it may be accomplished in any manner provided in Rule 4(j)of the North <br /> Carolina Rules of Civil Procedure. <br /> (C) Upon receipt of the Revocation Notice, the person responsible must immediately order all <br /> land-disturbing activities to cease except those which are specifically directed towards <br /> bringing the site into compliance with the soil erosion and sedimentation control <br /> provisions of this Ordinance. <br /> (D) Once the site has been inspected and remedial work approved by the Erosion Control <br /> Officer, the responsible party may reapply for a Land Disturbing Permit and pay the <br /> appropriate fee. <br /> (E) Resumption of land disturbing activities other than those necessary to bring the site back <br /> into compliance with the soil erosion and sedimentation control provisions of this <br /> Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation <br /> of the Ordinance. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-12 <br />