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18 <br /> 0 4 A <br /> work may be resumed. Notice shall be given by registered or <br /> certified mail. <br /> In the event service cannot be accomplished by registered or <br /> certified mail, it may be accomplished in any manner provided in <br /> rule 4 (j) of the North Carolina Rules of Civil Procedure. <br /> The person conducting the land-disturbing activity may appeal a <br /> stop work order to the Town Council within a period of five days <br /> after the order is issued. Notice of appeal shall be given in <br /> writing to the Town Council, with a copy to the Erosion Control <br /> Officer. The Town Council shall conduct a hearing at their next <br /> scheduled meeting at which the appellant and the Erosion Control <br /> Officer or inspector shall be permitted to submit relevant <br /> evidence, and shall rule on the appeal as expeditiously as <br /> possible. Pending the ruling by the Council on an appeal, no <br /> further work shall take place in violation of a stop work order. <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 <br /> land-disturbing activity for which an erosion control <br /> plan is required except in accordance with the terms , <br /> conditions, and provisions of an approved plan, shall <br /> be subject to a civil penalty of not more than $100 . No <br /> penalty shall be assessed until the person alleged to <br /> be in violation has been notified of the violation by <br /> registered or certified mail, return receipt requested, <br /> or other means. The notice shall describe the violation <br /> with reasonable particularity, specify a reasonable <br /> time period within which the violation must be correct- <br /> ed, and warn that failure to correct the violation <br /> within the time period will result in the assessment of <br /> a civil penalty or other enforcement action. Each day <br /> of a continuing violation shall constitute a separate <br /> violation under Section 22 (a) (1) . <br /> (2) The Town Council shall determine the amount of the <br /> civil penalty to be assessed under Section 22 (a) and <br /> shall make written demand for payment upon the person <br /> responsible for the violation, and shall set forth in <br /> detail a description of the violation for which the <br /> penalty has been invoked. In determining the amount of <br /> the penalty, the Town Council shall consider the degree <br /> and extent of harm caused by the violation and the cost <br /> of rectifying the damage. If payment is not received or <br /> equitable settlement reached within 30 days after <br /> demand for payment is made, the matter shall be re- <br /> ferred to the town or county attorney for institution <br /> of a civil action in the name of the town or county in <br /> the appropriate division of the General Courts of <br />