Agenda - 10-23-2007-4m - Laserfiche WebLink

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~~ Orange County SE & SC Ordinance September 12, 2006 1. Assessment of Penalties 2. Demand for Payment of Penalty 3. Use of Penalties 4. Civil Penalty Assessment Factors Civil Penalty Assessment Factors. The governing body of the (city), (town), (county) shall determine the amount of the civil penalty based upon the following factors: (i) the degree and extent of harm caused by the violation, (ii) the cost of rectifying the damage, (iii) the amount of money the violator saved by noncompliance, (iv) whether the violation was committed willfully, and (v) the prior record of the violator'in complying of failing to comply with this ordinance. 5. Notice of Civil Penalty Assessment The governing body of the (city), (town), (county) shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. lA-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by written demand for a hearing. 6. Hearing A hearing on a civil penalty shall be conducted by the (city),(town),(county), (appropriate local agency, within ( )days after the date of the written demand for the hearing. The agency conducting the hearing shall make its recommendation to the governing body of the. (city, (town), (county), within. (~ days after the date of the hearing. 7. Final Decision The governing body shall render its final decision on the civil penalty within (_~ days of the receipt of the recommendation from the agency. 8. Appeal of Final Decision Appeal from the final decision of the governing body shall be to the Superior Court of the county where the violation occurred, or the location of the violator's residence or principal place of business. 9. Credit of Civil Penalties Civil penalties collected pursuant to this ordinance shall be credited to the Civil 12