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Article 9: Enforcement 45 <br /> Section 9.9: Stormwater Management <br /> (a) Compliance with the North Carolina Sedimentation Pollution Control Act <br /> of 1973 ("Act" in this Section), this Ordinance, or rules or orders adopted <br /> or issued pursuant to this Ordinance; <br /> (b) The measures required in the Stormwater Management plan being <br /> constructed in accordance with the approved plan. <br /> (c) The permanent BMPs SCMs are not in need of any maintenance <br /> including, but not limited to, the following: <br /> (i) Mowing of vegetation, <br /> (ii) Vegetation re-establishment, <br /> (iii) Tree removal (especially from wet detention ponds), <br /> (iv) Stabilization of any eroding areas, and <br /> (v) Structural (pipe, riser, dam, etc) repair. <br /> (2) Notice of the right to inspect shall be included in the letter of approval of each <br /> Stormwater Management Plan. <br /> (B) Authority to Enter Property and Conduct Investigations and Inspections <br /> (1) No person shall willfully resist, delay, or obstruct an authorized representative, <br /> employee, or agent of Orange County, while that person is inspecting or <br /> attempting to inspect a required on-site R�ADSCM. <br /> (2) The Erosion Control Officer shall have the power to conduct such investigations <br /> as deemed reasonably necessary to carry out the duties as prescribed in this <br /> Ordinance, and for this purpose to enter at reasonable times upon any property, <br /> public or private, for the purpose of investigating and inspecting the sites of any <br /> required on-site BMPSCM. <br /> (3) No person shall refuse entry or access to any authorized representative or agent <br /> of the County who requests entry for purposes of inspection, and who presents <br /> appropriate credentials, nor shall any person obstruct, hamper or interfere with <br /> any such representative while in the process of carrying out their official duties. <br /> (C) Notice of Violation <br /> (1) If it is determined that a person responsible for construction or maintenance of <br /> any permanent on-site BMPSCM, or removal of any Illegal Discharge has failed <br /> to comply with the Act, this Ordinance, or rules, or orders adopted or issued <br /> pursuant to this Ordinance, a notice of violation shall be served upon that person. <br /> (2) The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4. <br /> (3) The notice shall specify a date by which the person must comply with the Act, or <br /> this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform <br /> the person of the actions that need to be taken to comply with the Act, this <br /> Ordinance, or rules or orders adopted pursuant to this Ordinance. <br /> (4) No time period for compliance need be given for encroaching on the riparian <br /> buffer or for obstructing, hampering or interfering with an authorized <br /> representative while in the process of carrying out their official duties. <br /> (5) Any person who fails to comply within the time specified is subject to the civil and <br /> criminal penalties provided in this Ordinance. <br /> (6) In the event service cannot be accomplished by registered or certified mail, it <br /> may be accomplished in any manner provided in rule (4)j of the North Carolina <br /> Rules of Civil Procedure. <br /> (D) Authority to Require Statements <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-13 <br />