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% <br /> 19 <br /> 04‹ <br /> Justice for recovery of the penalty. Any sums recovered <br /> shall be used to carry out the purposes and require- <br /> ments of this Ordinance. <br /> b. Criminal Penalties <br /> Any person who knowingly or willingly violates any provision <br /> of this Ordinance or rule or order adopted or issued pursu- <br /> ant to this Ordinance, or who knowingly or willfully initi- <br /> ates or continues a land-disturbing activity for which an <br /> erosion control plan is required except in accordance with <br /> the terms, conditions, and provisions of an approved plan <br /> shall be guilty of a misdemeanor punishable by imprisonment <br /> not to exceed 90 days or by a fine not to exceed $5, 000 , or <br /> by both, at the discretion of the Court. <br /> Section 23 - Injunctive Relief <br /> a. Whenever the governing body of the Town or County has <br /> reasonable cause to believe that any person is violating or <br /> threatening to violate this Ordinance or any rule or order <br /> adopted or issued pursuant to this Ordinance, or any term, <br /> condition, or provision of an approved erosion control plan, <br /> it may, either before or after the institution of any other <br /> action or proceeding authorized by this Ordinance, institute <br /> a civil action in the name of the Town or County for injunc- <br /> tive relief to restrain the violation or threatened viola- <br /> tion . The action shall be brought in the Superior Court of <br /> Orange County or Durham County, as applicable. <br /> b. Upon determination by a court that an alleged violation is <br /> occurring or is threatened, it shall enter such orders or <br /> judgments as are necessary to abate the violation or to <br /> prevent the threatened violation . The institution of an <br /> action for injunctive relief under this section shall not <br /> relieve any party to such proceedings from any civil or <br /> criminal penalty prescribed for violations of this Ordi- <br /> nance. <br /> Section 24 - Severability <br /> If any one or more sections of portions thereof of this Ordinance <br /> are held to be invalid or unenforceable, all other sections and <br /> portions thereof shall nevertheless continue in full force and <br /> effect. <br /> Section 25 - Effective Date <br /> This Ordinance will, become effective upon adoption by the Town <br /> Council of Chapel Hill and the approval of the North Carolina <br /> Sedimentation Control Commission. <br /> This the 22nd day of September, 1986. <br /> 1.0111•111111111■ <br />