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Article 9: Enforcement Section 9.7: Additional Procedures – Special Flood Hazard Area Overlay District Orange County, North Carolina – Unified Development Ordinance Page 9-7 by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten days from the date of the notice, and the possibility of civil and/or criminal enforcement. (C) Penalty Amount The Planning Director may impose a penalty of $500.00 per day of violation. (1) For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement, shall constitute a separate violation that subjects the violator to additional civil penalties. (D) Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and/or an order of abatement. (E) Continuing Violations (1) The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. (2) An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. (3) If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. (4) An initial Civil Penalty Citation is not required if the Department has previously issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two years. (5) The Planning Director may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. (F) Judicial Action to Collect Civil Penalty A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed herein. SECTION 9.7: ADDITIONAL PROCEDURES – SPECIAL FLOOD HAZARD AREA OVERLAY DISTRICT 9.7.1 Actions in Event of Violation (A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a Notice of Violation. The Notice shall detail the nature of the violation and schedule a hearing with the Floodplain Administrator to review the situation. (B) This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten business days after the date of the Notice, at which time the 154