Agenda - 05-21-1991 - Laserfiche WebLink

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AM-s. officials, or other guaiifigd persons authorized by CMU MWI Rgdodically t the sites 15 Of land in —activiiy to determine: co ce with the Act this QEdinwces or rules or orders lftWd or issued ursuant to this °rdtna= whether the Wfivity is being conducted in accordance with an a roved Tart• and what ow tt7P. MAGO . ..oe....r. A ... .L— _t_" _ __ _ eve ... _ from land-disturbing activity. Notice of the ri ht to iMMt shall be included in the notification of Tart 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 tact or issued umant to this Ordinance or has failed to commonly_ 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 seasonably calculated to give 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 neriM fnr rnrnnl:o..na ..ma L.. ...__ _ re=tative while in the W_--- ..` UK " rocess of 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 clarifed. 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 x}96 500 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 provide actual notice to the offender. The notice shall 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, no time riod for emliance need be given for failure to submit an Erosion Control Plan for royal or for qbstructing. hampering or interferin th an ffiLdegized MRMMtMt;ive_ while in the rocess of out his official duties Each day of a continuing violation shall constitute a separate violation under Section 22(a)(1). COMM ATARY.• Fines are increased to $500 per day. No time period for compliance is allowed for failure to submit a plant or interfering with the right to inspect. (2) Demand for Payment of Penaft The Orange County Board of Commissioners shall make written demand for payment upon the person 10 5 -9 -91