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06 <br /> Each day of a continuing violation shall constitute a separate <br /> violation. The Orange County Board of Commissioners shall <br /> determine the amount of the civil penalty or set a schedule <br /> of penalties to be assessed hereunder and shall make or <br /> c use to be made a written demand for payment to be served <br /> u on the person in violation; which shall set forth in detail <br /> a description of the violation for which the penalty has been <br /> imposed. In determining the amount of the penalty, the Board <br /> of Commissioners shall consider the degree and extent of harm <br /> caused by the violation and the cost of rectifying the damage. <br /> It payment is not received or equitable settlement reached <br /> within sixty (60) days after demand for payment is made, the <br /> muter may be referred to the County Attorney for institution <br /> of a civil action in the name of the County or Orange in the <br /> appropriate division of the general court of justice for <br /> r?covery of the penalty. Any sums recovered shall be used to <br /> c rry out the purposes and requirements of this Ordinance. <br /> (3) Injunctive Relief <br /> (.) Whenever the Orange County Health Department, the Orange <br /> County Inspections Department or the North Carolina Wildlife <br /> Resources Commission has cause to believe that any person , <br /> is violating or threatening to violate this Ordinance, it <br /> 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 Counry of Orange for <br /> injunctive relief to restrain the violation or threatened <br /> violation. The action shall be brought in the Superior Court <br /> of Orange County. <br /> ( ) 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 any <br /> action for injunctive relief under this section shall not <br /> relieve any civil or criminal penalty prescribed for <br /> violations of this Ordinance. <br /> (4) thing in this Ordinance shall restrict any right which any <br /> rson or class of persons may have under any statute of <br /> mmon law to seek injunctive or other relief. <br /> Sect/ 7. Severability <br /> If any) provision of this Ordinance or the application thereof to any <br /> person or ircumstance is declared to be invalid, such invalidity shall not <br /> . effect oth r provisions or applications or the Ordinance which can be given <br /> effect without the invalid provision of application, and to this end the <br /> provisions of this Ordinance are declared to be severable. <br /> Adopt'on moved by Commissioner , seconded by <br /> Commission r _. and unanimously adopted by the <br /> Board of Commissioners meeting in regular session this day of <br />