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Agenda - 08-27-2001-c1
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Agenda - 08-27-2001-c1
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Last modified
8/29/2008 4:10:43 PM
Creation date
8/29/2008 10:34:01 AM
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BOCC
Date
8/27/2001
Document Type
Agenda
Agenda Item
c1
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Minutes - 08-27-2001
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\Board of County Commissioners\Minutes - Approved\2000's\2001
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o~ <br />with this Ordinance. Notice of the stop work order shall be in writing, directed to the <br />person conducting the land-disturbing activity and shall state the reasons for the issuance <br />of the order, and the conditions under which work may be resumed. Notice shall be given <br />by registered or certified mail. <br />In the event service cannot be accomplished by registered or certified mail, it may be <br />accomplished in any manner provided in rule 4(j) of the North Carolina Rules of Civil <br />Procedure. <br />G. Appeal of Stop Work Order <br />The person conducting the development activity may appeal a stop work order to the <br />County Commissioners within a period of five days after the order is issued. Natice of <br />appeal shall be given in writing to the Commissioners, with a copy to the Enforcement <br />Officer. The County Commissioners shall conduct a hearing at their next scheduled <br />meeting at which the appellant and the Enforcement Officer or Inspector shall be <br />permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as <br />possible. Pending the ruling by the Commissioners on an appeal, no fiuther work shall <br />take place in violation of a stop work order. <br />Section 16 Penalties <br />A. Civil Penalties <br />1. Assessment of Penalties <br />Any person who violates any of the provisions of this Ordinance or rules or orders <br />adopted or issued pursuant to this Ordinance, or who fails to install, or complete <br />any permanent on-site Nitrogen Reduction BMP or fails to conduct required <br />maintenance on any permanent on-site BMP, or fails to remove an identified <br />Illegal Discharge shall be subject to a civil penalty. The maximum civil penalty <br />for a violation is .for those violations not willfull <br />or unknowin 1 committed is ten thousand dollars $10 000 er da and for <br />those violations that are continued willfull and knowin 1 the maximum is <br />twen -five thousand dollars $25 000 er da . If, after the allotted time period <br />has expired, the violator has not completed corrective action, a civil penalty may <br />be assessed from the date the violation is detected. However, no time period for <br />compliance need be given for failure to submit the Stormwater Management Plan <br />for approval or for obstructing, hampering, or interfering with an authorized <br />representative while in the process of carrying out his official duties. Each day of <br />a continuing violation shall constitute a separate violation under Section ~4~ <br />1 G.A.1. <br />2. Demand for Payment of Penalty <br />The Orange County Board of Commissioners shall notify the person who is <br />31 <br />
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