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Agenda - 04-18-2006-8c
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Agenda - 04-18-2006-8c
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Last modified
8/29/2008 2:39:13 PM
Creation date
8/29/2008 9:21:40 AM
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BOCC
Date
4/18/2006
Document Type
Agenda
Agenda Item
8c
Document Relationships
Minutes - 20060418
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2006
ORD-2006-017 - Regulated Recyclable Material Ordinance Amendments
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2006
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ia. <br />If the Department issues a notice of revocation of an RM license pursuant <br />to this Section, the applicant may request a hearin with the Department <br />Director. The Department Director shall keep minutes of the hearin , <br />including all documents that are part of the revocation and all documents <br />submitted at the hearing. Within one week after the hearing the Department <br />Director shall give the applicant written notice of the decision either <br />reinstating the license or affirming the revocation of the license. The <br />applicant may appeal the Department Director's decision to the Orange <br />County Manager by giving written notice of appeal to the County Manager <br />within five (S) working days of receipt of the Department Director's <br />decision. The Manager shall reverse, affirm or remand the decision of the <br />Department Director to the Department Director based on the minutes of the <br />hearing, including all documents that are part of the minutes. If the <br />decision of the Orange County Manager is to reverse the decision of the <br />Department Director, the license is deemed reinstated. If the Orange <br />County Manager remands to the Department Director, the remand decision <br />shall direct the matters to be reconsidered by the Department Director on <br />remand. <br />The holder of a revoked RM license may reapply after one year of the date <br />of revocation for a new license. Any person whose RM license was <br />previously revoked and who subsequently received a new license will have <br />that license revoked upon the receipt by that person of a single <br />additional violation,. <br />3. Criminal Penalty.. Any person violating this Ordinance shall be guilty of a <br />misdemeanor punishable by a fine not to exceed five hundred ($500) dollars or <br />imprisonment for not more than thirty (30) days, or both.. Each day's <br />continuing violation is a separate and distinct offense. Each violation is a <br />separate and distinct offense.. <br />4. Civil Penalty. Any person who is found in violation of this Ordinance as_ <br />provided herein and as authorized by N.C.G.S. ~ 153A-123 shall, in addition <br />to the other remedies provided in this Ordinance, be subject to a civil <br />penalty not to exceed five hundred ($500) dollars per offence as-g~a~ed- <br />he~e4n a~ as aathe~r~sed bl Bd.G.G~. § }53~4~~3, Each violation incident is a <br />separate and distinct offense. By way of description and not of limitation, <br />each container or vehicle load of Regulated Recyclable Material that is <br />stored, hauled, separated, marketed or delivered in violation of this <br />Ordinance is a separate offense. The Department Director may issue to any <br />person who or that has violated this Ordinance, a citation giving notice of <br />the alleged violation(s) and the civil penalty imposed,. Citations so issued <br />may be delivered or mailed by first class mail to the person violating this <br />Ordinance. Delivery of the citation by first class mail shall be the method <br />of delivery if the person violating the Ordinance cannot readily be served in <br />person., Violators of this Ordinance shall be subject t o the following civil <br />penalties ^w~ae-~~a^a for each violation of this Ordinance: <br />A. {~-~-Failure to obtain a regulated recyclable material. collection license.. <br />B.. -(~-)-Failure to recycle regulated recyclable material as defined in this <br />Ordinance. <br />C, {3-)-Failure to obtain an approved RM permit as defined in this Ordinance. <br />Number of Prior Amount <br />9 <br />
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