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• <br /> 12 <br /> Ccgmission as provided in Section 113A-61(c) of the General Statutes and Title <br /> 15 MAC 4B .0018(b) . <br /> NOTE: The paragraph above will be substituted for paragraph "d" in the <br /> Ordinance. It has been revised to refer appeals to the Sedimentation Control <br /> Commission instead of the Department of Natural Resources and Community <br /> Development. 1 <br /> SECTION 21 <br /> Section 21 Inspections and Investigations <br /> b. If, through inspection, it is determined that a person engaged in land <br /> disturbing activity has failed to comply with the approved plan, a notice of <br /> violation shall be served upon that person by registered or certified mail. <br /> return receipt 1requested. or other means. The notice shall set forth the <br /> measures necessary to achieve compliance with the plan, specify a reasonable • <br /> time period within which such measures must be completed► and warn that <br /> failure to correct the violation , within the time period will result in the <br /> assessment of al civil penalty or other enforcement action. If the person <br /> engaged in land disturbing activity fails to comply within the time specified, <br /> enforcement action shall be initiated. <br /> NOM: Section 2114 of the Ordinance will be replaced with the paragraph above.. <br /> SECTION 22 <br /> Section 22 Penalties <br /> a. (1) Any person who violates any of the provisions of this ordinance or <br /> rules or orders adopted or issued pursuant to this ordinance, or who initiates <br /> or continues a land-disturbing activity for which an erosion control plan is <br /> required except in accordance with the terms, conditions, and provisions of an <br /> approved plan. shall be subject to a civil penalty of not more than $100. No <br /> penalty shall be assessed until the person alleged to be in violation has been <br /> notified of the violation by registered or certified mail. return receipt <br /> requested, or other means. The notice shall describe the violation with <br /> reasonable partibularity. specify a reasonable time period within which the <br /> violation must be corrected, and warn that failure to correct the violation <br /> within the time period will result in the assessment of a civil penalty or <br /> other enforcementl action. Each day of a continuing violation shall constitute <br /> a separate violation under Section 22(a) (1) . <br /> NOTE: The underlined portion of Section 22a (1) will be added to the <br /> Ordinance. <br /> a. Civil Penalties <br /> (2) The Orange County Board of Commissioners shall determine the amount <br /> of the civil penalty to be assessed under this subsection and shall make <br /> written demand for payment upon the person in violation, and shall set forth <br /> in detail a description of the violation for which the penalty has been <br /> imposed. In determining the amount of the penalty the Board of Commissioners <br /> shall consider the degree and extent of harm caused by the violation and the <br /> cost of rectifying the damage. If payment is not received or equitable <br /> settlement reached within 30 days after demand for payment is made the matter <br /> shall be referred to the county attorney for institution of a civil action in <br /> the name of Orange County. in the appropriate division of the General Courts <br /> of Justice for recovery of the penalty. Any sums recovered shall be used to <br /> carry out the purposes and requirements of this ordinance. <br /> NOTE: The underlined portion of Section 22a (2) will be added to the <br /> Ordinance. <br />