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Orange County SE & SC Ordinance ce,,,e,,.,be , 6 .100- September 12.20b6 <br />violator is served with a notice of assessment. An assessment that is contested is <br />due at the conclusion of the administrative and judicial review of the assessment. <br />3. Use of Penalties <br />Civil penalties collected pursuant to this Ordinance shall be credited to the general <br />fund of the local government as non -tax revenue. <br />4. Civil Penalty Assessment Factors <br />Civil Penaltv Assessment Factors. The governing body of the (city), town <br />( county) shall determine the amount of the civil penalty based upon the following <br />factors: <br />G) the degree and extent of harm caused by the violation, <br />(ii) the cost of rectifying the damage, <br />(iii) the amount of money the violator saved by noncompliance, <br />(iv) whether the violation was committed willfully, and <br />(v) the prior record of the violator in complAng of failing to <br />comply with this ordinance. <br />5. Notice of Civil Penalty Assessment <br />The governing body of the (city ), (town) (county) shall provide notice of the civil <br />penalty amount and basis for assessment to the person assessed: The notice of <br />assessment shall be served by any means authorized under G.S. lA -1, Rule 4, and <br />shall direct the violator to either pay the assessment or contest the assessment, <br />within 30 days after receipt of the notice of assessment by written demand for a <br />hearing. <br />6. Hearing <br />A hearing on a civil penalty shall be conducted by the (city),(town),(county), <br />(appropriate local agency, within ( ) days after the date of the written demand <br />for the hearing. The agent conducting the hearing shall make its <br />recommendation to the governing body of the (city (town), (county), within <br />( ) dais after the date of the hearing. <br />7. Final Decision <br />The governing; body shall render its final decision on the civil penalty within <br />( ) days of the receipt of the recommendation from the agency. <br />8. Appeal of Final Decision <br />Appeal from the final decision of the governing body shall be to the Superior <br />Court of the county where the violation occurred or the location of the violator's <br />residence or principal place of business. <br />9. Credit of Civil Penalties <br />Civil penalties collected pursuant to this ordinance shall be credited to the Civil <br />Penalty and Forfeiture Fund Note: Case law on an air quality delegated program <br />determined that civil penalties assessed by local governments pursuant to a State <br />delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the <br />35 <br />