Orange County NC Website
Browse       Search
Article 9: Enforcement 103 <br /> Section 9.7:Additional Procedures—Special Flood Hazard Area <br /> • • • • • • <br /> 9.7.1 Actions in Event of Violation <br /> (A) Identified violations of the Special Flood Hazard Area shall be sent a Notice of Violation. <br /> The Notice shall detail the nature of the violation and schedule a hearing with the <br /> Floodplain Administrator to review the situation. <br /> (B) This hearing shall be held before the Floodplain Administrator at a designated place and <br /> time, not later than ten business days after the date of the Notice, at which time the <br /> owner shall be entitled to be heard in person or by counsel and to present arguments and <br /> evidence pertaining to the matter. <br /> (C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, <br /> or demolish the structure; or to remove fill as appears appropriate. <br /> 9.7.2 Order to Take Corrective Action <br /> (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain <br /> Administrator shall find that the structure or development is in violation of this Ordinance, <br /> he or she shall make an order in writing to the owner, requiring the owner to remedy the <br /> violation within a specified time period, not less than 60 days. <br /> (B) Where the Floodplain Administrator finds that there is imminent danger to life or other <br /> property, he or she may order that corrective action be taken in such lesser period as <br /> may be feasible. <br /> (C) In the absence of an appeal (see Section 2.27.7), the order of the Floodplain <br /> Administrator shall be final. <br /> 9.7.3 Failure to Comply with Order <br /> If the owner of a building or property fails to comply with an order to take corrective action for <br /> which no appeal has been made or fails to comply with an order of the governing body following <br /> an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 <br /> and shall be punished at the discretion of the court. <br /> Section 9.8-. EROSION AND SEDIMENTATION CONTROL <br /> 9.8.1 Inspections and Investigations <br /> (A) Site Inspections <br /> Agents, officials, or other qualified persons authorized by the County will periodically <br /> inspect land-disturbing activities to ensure: <br /> (1) Compliance with the North Carolina Sedimentation Pollution Control Act of 1973 <br /> ("Act" in this Section), this Ordinance, or rules or orders adopted or issued <br /> pursuant to this Ordinance; <br /> (2) The measures required in the plan are effective in controlling erosion and <br /> sediment resulting from land-disturbing activity. <br /> Notice of the right to inspect shall be included in the letter of approval of each Erosion <br /> erosion and sedimentation Control-P-4ancontrol 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 land-disturbing activity under this section. <br /> 259 Title of Section 9.8 revised so as to match the naming conventions of other section titles related to"Erosion and <br /> Sedimentation Control Plans" as defined in 15A NCAC 02H.1002 (Definitions). <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-8 <br />