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Agenda - 03-21-1978
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Agenda - 03-21-1978
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7/9/2015 4:29:18 PM
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BOCC
Date
3/21/1978
Meeting Type
Work Session
Document Type
Agenda
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b. if, through inspection, it is determined that a person engaged <br /> in land isturbing activities has failed to comply with the <br /> approved plan or that the Measures required in the plan are <br /> not con rolling erosion and sediment a notice shall be served <br /> upon that person by registered mail.. The notice shall set fort <br /> the measures necessary to achieve compliancelwith the plan and <br /> to achieve effective erosion and sediment control and shall <br /> state t .e time within which such measures must be completed. if <br /> the person engaged in the land-disturbing activities fails to <br /> comply within the time specified, he shall be deemed in violati <br /> of this ordinance. <br /> c. The Erosion Control officer shall have the power to conduct suc <br /> investigations as he may reasonably deem necessary to carry out <br /> his duties as prescribed in this ordinance, and for this purpos <br /> to ente 'at reasonable times upon any property, public dr <br /> private, for the purpose of investigating and i,nspectIn.g the s! <br /> of land disturbing acti:.vities. No person shall. refuse entry or <br /> access to any authorized representative or agent of the county <br /> who req gists entry for purposes of inspection,, and who presents <br /> appropriate credentials, nor shall any person obstruct, hamper, <br /> interfere with any such representative whale in the process of <br /> carrying out his official duties. <br /> d. The Erosion Control officer shall also have the power to requix <br /> written statements, or the filing of reports under oath, iith <br /> respect to pertinent questions ' rel,ating to land-disturbing - <br /> acti.vit'es. <br /> Section 22 Penalties <br /> a. Civil. Penalties <br /> (1) Any person who violates any of the provisions of this <br /> ordinance, or rules or orders adopted or issued pursuant <br /> to this ordinance, or who initiates or continues a, land.. <br /> di turbing activity for which an erosion. control. plan, a s' <br /> required except in accordance with the terms, conditions, <br /> and provisions of an appr6ved plan, shall, be subject to a <br /> di_ it penalty of not more than �10U. No penalty shall be <br /> as essed until the person, alleged to be iri vidlation has <br /> be .n notified of the violation. Each day of a continuing <br /> violation shall constitute a separate violation under <br /> Se tion 22 (a) (1) . <br /> (2) Th governing body of the town or County shall determine <br /> th amount, of the civil penalty to. be assessed under <br /> • Se ti.on 22 (a) and shall make written demand for payment ul <br /> th person responsible for the violation, and shall set fc <br /> in detail a description of the violation for which the <br /> pe alty has been invoked. If payment is not recei.ve�d or <br /> equitable settlement reached within 60 days after demand <br /> for payment is made the matter shall be referred to the <br /> ton or county Attorney for institution of a civil actioi <br /> in the name of the town cr county in the appropriate <br /> Ii ision of the General, Courts of Justice for recovery of <br />
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