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Agenda - 04-19-2001-1
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Agenda - 04-19-2001-1
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9/2/2008 1:23:58 AM
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8/29/2008 10:31:06 AM
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BOCC
Date
4/19/2001
Document Type
Agenda
Agenda Item
1
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Minutes - 04-19-2001
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\Board of County Commissioners\Minutes - Approved\2000's\2001
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„_~ draft #9---clean---1.1-16-2000 _ <br />the violation and be informed that if another violation occurs within thirty (30) <br />working days, or in the case of a continuing violation if it is not corrected within ten <br />(XO) working days, the license shall be revoked through written notice from the <br />Department. Upon receipt of the revocation, the licensee shall stop collecting, <br />transporting, or disposing of regulated recyclable material in Orange County. <br />B. The Solid Waste Management Department may reinstate a revoked license after the <br />revocation has been in effect for thirty (30) working days if the Solid Waste <br />.Management Department finds that the conditions causing the violation have been <br />corrected. <br />C. A licensee whose license has been revoked may appeal the revocation to the Board <br />by giving written notice of the appeal to the Solid Waste Management Department <br />within ten (10) working days of receiving notice of revocation from the Solid Waste <br />Management Depart~hent. After a hearing on the appeal, the Board shall either <br />affirm the revocation or direct the Solid Waste Management Department to reinstate <br />the license. <br />D. A total of five (5) instances of violation of this ordinance within a single year shall <br />result in revocation of a collection license far a period of one year. The holder of a <br />revoked regulated recyclable material collection license may reapply after one year of <br />the date of revocation for a new license. Any person whose license was previously <br />revoked and who subsequently received a new license will have that license revoked <br />upon the receipt by that person of a single additional violation. <br />2. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor <br />punishable by a fine not to exceed five hundred ($500) dollars or imprisonment far not more <br />than thirty (30) ,days, or both. Each day's continuing violation is a separate and distinct <br />offense. Each violation is a separate and distinct offense. <br />3. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a <br />civil penalty of not to exceed five hundred ($500) dollars as provided in N.C.G.S. § 153A- <br />123. Each violation incident is a separate and distinct offense. <br />4. Remedies. This ordinance may be enforced by equitable remedies. Any unlawful condition <br />existing or in violation of this ordinance may be enforced by injunction and order of <br />abatement in accordance with N.C.G.S. § 153A-123. <br />5. In addition to and independent of any criminal "penalties and other sanctions provided in this <br />ordinande, a violation of this ordinance may also subject the offender to the civil penalties <br />hereinafter set forth. <br />A. The Solid Waste Management Director may issue to any person known to have <br />violated the provisions of this ordinance, a citation giving notice of the alleged <br />violation(s) and the civil penalty imposed. Citations so issued may be delivered in <br />person or mailed by first class mail. to the person charged if that person cannot readily <br />be found. The following civil penalties shall be assessed for each violation of this <br />ordinance: <br />(1) Failure to obtain a regulated recyclable material collection-license <br />6 <br />
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