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o~~ <br />assessed the civil penalty of the amount of the penalty and the reason far <br />assessing the penalty. The notice of assessment shall be served by any means <br />authorized under Section ~ 15.D of this Ordinance, and shall direct the violator <br />to either pay the assessment or contest the assessment, within 30 days after the <br />receipt of the notice of assessment, by written demand for a hearing. <br />If payment is not received within 30 days after demand for payment is made, the <br />County or town may institute a civil action to recover the amount of the <br />assessment. The civil action may be brought in the Superior Court of the County <br />where the violation occurred, or the violator's residence or principal place of <br />business is located. Such civil actions must be filed within three (3) years of the <br />date the assessment was due. An assessment that is not contested is due when the <br />violator is served with a notice of assessment. An assessment that is contested is <br />due at the conclusion of the administrative and judicial, review of the assessment. <br />Refer to the procedure as followed. by the_County_. <br />3. Use of Penalties <br />Civil penalties collected pursuant to this Ordinance shall be credited to the general <br />fund of the local government as nontax revenue. <br />4. Criminal Penalties <br />Any person who~knowirigly or willingly violates any provision of this Ordinance <br />or rule or order adopted or issued pursuant to this Ordinance, or who knowingly <br />or willfully initiates or continues a development activity for which a Stormwater <br />Management Plan is required except in accordance with the terms, conditions, and <br />provisions of an approved plan shall be guilty of a misdemeanor punishable by <br />imprisonment not to exceed 90 days or by a fine of not less than fifty ($50) dollars <br />per day, with a maximum of fifteen thousand ($15,000) dollars per day_e <br />e~seed $~99~, or by both, at the discretion of the court. <br />Section 17 Injunctive Relief <br />A. Civil Action in Superior Court <br />Whenever the governing body of'''~ County has reasonable cause to believe <br />that any person is violating or threatening to violate this Ordinance or ariy rule or order <br />adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an <br />approved erosion control plan, it may, either before or after the institution of any other <br />action or proceeding authorized by this Ordinance, institute a civil action in the name of <br />the ~ County for injunctive relief to restrain the violation or threatened violation. <br />The action shall be brought in the Superior Court of Orange County. <br />B. Order to Cease Violation <br />Upon determination by a court that an alleged violation is occurring or is threatened, the <br />court shall enter any order or judgement that is necessary to abate the violation, to ensure <br />that restoration is performed, or to prevent the threatened violation. The institution of an <br />32 <br />