Orange County NC Website
Browse       Search
017 <br /> •• <br /> d. In the event that the local governing body upholds the <br /> • disapproval or modification of a proposed erosion control. <br /> plan following the public hearing, the person submitting <br /> the erosion control plan shall be entitled to appeal the <br /> local governments action to the North Carolina' Sedimenta- <br /> tion Control. Commission as provided in Section 113A—61 [0] <br /> of the General Stautes and Title 15 NCAC 4B .0018(b) . <br /> NOTE: The paragraph above will be substituted for paragraph <br /> "d" in the Ordinance. It has been revised to refer <br /> appeals to the Sedimentation Control. Commission instead <br /> of the Department of Natural. Resources and Community <br /> Development. <br /> SECTION 21 <br /> Section 21 Inspections and Investigations <br /> b. If, through inspection, it is determined that a person <br /> engaged in land—disturbing actrivity has failed to comply <br /> with the approved plan, a notice of violation shall be <br /> served upon that person .by registered or certified mail, <br /> return receit requested, or other means. The notice shall <br /> set forth the measures necessary to achieve compliance <br /> with the plan, specify a reasonable time period within <br /> which such measures must be completed, and warn that <br /> failure to correct the violation within the time period <br /> wilt result in the assessment of a civil penalty or other <br /> enforcement action . If the person engaged in Land <br /> disturbing activity fails to comply within the time <br /> specified, enforcement action shall, be initiated. <br /> NOTE: <br /> • Section 21b of the Ordinance will be replaced with the <br /> paragraph above. <br /> SECTION 22 <br /> Section 22 Penalties <br /> a . (1 ) Any person who violates any of the provisions of this <br /> ordinance or rules or orders adopted or issued pursuant to <br /> this ordinance, or who initiates or continues a land— <br /> disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, <br /> and provisions of an approved plan, shall be subject to a <br /> civil penalty of not more than $100. No penalty shell be <br /> assessed until. the person alleged to be in violation has <br /> been notified of the violation by registered or certified <br /> mail, return, receipt retuested, or other means. The <br /> notice shalt describe the violation with reasonable <br /> particularity, specify a reasonable time period within <br />