Agenda - 02-25-1991 - Laserfiche WebLink

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t . and Sediment /J A ents officials or other ualified rsons authorized b the Coun wil riodicall t the sites of land-disturbin activit to determine: com liance with the Act this ordinance or rules or orders ado ted or issued ursuant to this ordinan j whether the activit r is bein a conducted in accordance with an a roved 1an and whether the measures r tired in the lan are effective in controll' erosion and sediment resultin from land{listudb act- Notice of the right to in Dect shall be included in the notification of an a royal. COMMENTARY.- This change is intended to clearly give the rightfor authorized personnel to enter and inspect sites. b. Notice of Violation If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with the Act this Ordinance or rules or orders ado ted or i ed ursuant to this Ordinance or has failed to_comely_ with the approved plan, a notice of violation shall be served upon that person by registered or certified mail, return receipt requested, or other means E2wnablv calculated toLZive actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to- correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time Period for col3i 3liance need be nven for failure to submit an erosion cont of 11:111a vRroval or for obstructin a rin or rote erin th an authorized resentative while in the rocess of ca in out their official duties. If the person engaged in land_ disturbing activity fails to comply within the time specified, enforcement action shall be initiated. COMMENTARY.• Failures that constitute a violation are clarified. A time limit to correct certain specified violations (failure to submit a plan and interfering with the right to inspect) is not required. Section 22 Penalties a. Civil Penalties (1) Assessment of Penalties Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued Pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty of$169 $500 except that the penalty for failure to submit an erosion control plan shall be as provided in a.3. of this section. No penalty shall be assessed until the Person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to pro vide actual notice to the offender. The notice shat! describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time Period will result in the assessment of a civil penalty or other enforcement action. However o time riod for co fiance need be 'yen for failure to submit an Erosion Control plan for royal or for obstructin ham rin or interferin with an authorized resentative while in the of out his official duties. Each day of a continuing violation shall constitute a separate violation under Section 22(a)(1). COMMENTARY Fines are increased to $500 per day. No time period for compliance is allowed for failure to submit a plan or interfering with the right to inspect. (2) Demand for Pa rent of Penaltv The Orange County Board of Commissioners shall make written demand for payment upon the person 10 1-15-91