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Article 9: Enforcement 106 <br /> Section 9.8: Soil Erosion and Sedimentation Control <br /> (b) The notice of assessment shall be served by any means authorized <br /> under Section 9.8.1 of this Ordinance, and shall direct the violator to <br /> either pay the assessment or contest the assessment, within 30 days <br /> after the receipt of the notice of assessment, by written demand for a <br /> hearing. <br /> (c) If payment is not received within 30 days after demand for payment is <br /> made, the County or town, if applicable, may institute a civil action to <br /> recover the amount of the assessment. <br /> (d) The civil action may be brought in the Superior Court of the county where <br /> the violation occurred, or in the county where the violator's residence or <br /> principal place of business is located. <br /> (e) Such civil actions must be filed within three years of the date the <br /> assessment was due. <br /> (f) An assessment that is not contested is due when the violator is served <br /> with a notice of assessment. <br /> (g) An assessment that is contested is due at the conclusion of the <br /> administrative and judicial review of the assessment. <br /> (3) Civil Penalty Assessment Factors <br /> (a) The governing body of the (city), (town), (county) shall determine the <br /> amount of the civil penalty based upon the following factors: <br /> (i) The degree and extent of harm caused by the violation, <br /> (ii) The cost of rectifying the damage, <br /> (iii) The amount of money the violator saved by noncompliance, <br /> (iv) Whether the violation was committed willfully, and <br /> (v) The prior record of the violator in complying of failing to comply <br /> withssi1�63erosion and sedimentation control provisions this <br /> Ordinance. <br /> (4) Notice of Civil Penalty Assessment <br /> (a) The governing body of the (city), (town), (county) shall provide notice of <br /> the civil penalty amount and basis for assessment to the person <br /> assessed. <br /> (b) The notice of assessment shall be served by any means authorized <br /> under N.C.G.S. 1A-1, Rule 4, and shall direct the violator to either pay <br /> the assessment or contest the assessment, within 30 days after receipt <br /> of the notice of assessment, by written demand for a hearing. <br /> (5) Hearing <br /> (a) A hearing on a civil penalty shall be conducted by the appropriate local <br /> agency, within 15 days after the date of the written demand for the <br /> hearing. <br /> (b) The agency conducting the hearing shall make its recommendation to <br /> the governing body of the (city, (town), (county), within 15 days after the <br /> date of the hearing. <br /> (6) Final Decision <br /> (a) The governing body shall render its final decision on the civil penalty <br /> within 15 days of the receipt of the recommendation from the agency. <br /> ...Deleted "soil". <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-11 <br />