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Article 9: Enforcement 110 <br /> Section 9.9: Stormwater Management <br /> (4) Notice shall be given by registered or certified mail. <br /> (5) In the event service cannot be accomplished by registered or certified mail, it <br /> may be accomplished in any manner provided in rule 40)of the North Carolina <br /> Rules of Civil Procedure. <br /> 9.9.2 Penalties <br /> (A) Civil Penalties <br /> (1) Assessment of Penalties <br /> (a) Any person who violates any of the stormwater management provisions <br /> of this Ordinance or rules or orders adopted or issued pursuant to these <br /> regulations, or who fails to install, or complete any permanent on-site <br /> Nitrogen Reduction sterrnwator Gentrel moas„ro rSCM3 or fails to <br /> conduct required maintenance on any permanent on-site SCM, or fails to <br /> remove an identified Illegal Discharge shall be subject to a civil penalty. <br /> (b) The maximum civil penalty for a violation is $5,000 per day. <br /> (c) If, after the allotted time period has expired, the violator has not <br /> completed corrective action, a civil penalty may be assessed from the <br /> date the violation is detected. <br /> (d) No time period for compliance need be given for failure to submit a <br /> Storrmyator MaRagemeRt an SMP for approval or for obstructing, <br /> hampering, or interfering with an authorized representative while in the <br /> process of carrying out his official duties. <br /> (e) Each day of a continuing violation shall constitute a separate violation. <br /> (2) Demand for Payment of Penalty <br /> (a) The Board of County Commissioners shall notify the person who is <br /> assessed the civil penalty of the amount of the penalty and the reason <br /> for assessing the penalty. <br /> (b) The notice of assessment shall be served by any means authorized <br /> under Section 9.9.1 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 Erosion Control Officer may institute a civil action to recover <br /> 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) Credit of Civil Penalties <br /> (a) Civil penalties collected pursuant to this Section of the Ordinance shall <br /> be credited to the Orange County general fund as nontax revenue. <br /> (B) Criminal Penalties <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-15 <br />