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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 9-8 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 owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter. (C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as appears appropriate. 9.7.2 Order to Take Corrective Action (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of this Ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days. (B) Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. (C) In the absence of an appeal (see Section 2.24.7 2.27.7), the order of the Floodplain Administrator shall be final. 9.7.3 Failure to Comply with Order If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been filed, or fails to comply with an order of the governing body following an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the discretion of the court. SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL 9.8.1 Inspections and Investigations (A) Site Inspections Agents, officials, or other qualified persons authorized by the County will periodically inspect land-disturbing activities to ensure: (1) Compliance with the North Carolina Sedimentation Pollution Control Act of 1973 (“Act” in this Section), this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance; (2) The measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the letter of approval of each Erosion Control Plan. (B) Authority to Enter Property and Conduct Investigations and Inspections (1) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that person is inspecting or attempting to inspect a land-disturbing activity under this section. 20