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Article 9: Enforcemgrg <br /> Section 9.6: Penalties, Remedies, and Enforcement Powers <br /> (C) The person(s)conducting the violating activity and/or the property owner may appeal the <br /> Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this Ordinance. <br /> 99.6.6 Civil Penalty <br /> (A) The Planning Director may impose one or more civil penalties and issue one or more <br /> Civil Penalty Citations for a violation as provided in this subsection. If the violator does <br /> not pay the penalty, the Planning Director may collect it in a court through a civil action in <br /> the nature of a debt. <br /> (B) Notice <br /> The Planning Director shall give the responsible person(s) and the landowner, if the <br /> landowner is not the responsible person(s), written notice of the civil penalty citation, <br /> either by personal delivery, electronic delivery, or first class mail. The notice shall include <br /> a copy of the notice of violation, the amount of the penalty, information about where to <br /> pay the penalty, the deadline for payment, which shall be ten days from the date of the <br /> notice, and the possibility of civil enforcement. The Planning Director <br /> shall certify that the notice was provided. a <br /> (C) Penalty Amount <br /> The Planning Director may impose a penalty of$500.00 per day of violation. <br /> (1) For purposes of assessing the amount of a civil penalty, each day the violation <br /> remains uncorrected after receipt of the final notice of violation, correction order, <br /> Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of <br /> emergency enforcement, shall constitute a separate violation that subjects the <br /> violator to additional civil penalties. <br /> (D) Settlement of Claims <br /> The Planning Director is authorized to determine the amount of payment that will be <br /> accepted in full and final settlement of some or all of the claims the governing body may <br /> have in connection with the violation. The Planning Director shall indicate in writing the <br /> claims from which the violator is released. If the violation has not been remedied, <br /> payment shall not release a violator from potential Griminal preseGutien or a claim for <br /> injunctive relief and/or an order of abatement._4 <br /> (E) Continuing Violations <br /> (1) The Planning Director may issue a Civil Penalty Citation for a violation that <br /> continues without being corrected. The violator in such cases may be assessed <br /> a penalty for each day of the continuing violation. <br /> (2) An initial Civil Penalty Citation for a single violation must be issued before a Civil <br /> Penalty Citation for a continuing violation is issued. <br /> (3) If the violator has failed to pay the penalty and correct the violation after the initial <br /> Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a <br /> continuing violation with a daily penalty. <br /> (4) An initial Civil Penalty Citation is not required if the Department has previously <br /> issued a Civil Penalty Citation to the violator for the same violation at the same <br /> location within the previous two years. <br /> (5) The Planning Director may give a single notice of a Civil Penalty Citation for a <br /> continuing violation. The notice must contain a copy of the notice of violation and <br /> must state that the violation is continuing, that a daily penalty of a specified <br /> amount is being imposed, and that the penalty is cumulative. <br /> (F) Judicial Action to Collect Civil Penalty <br /> 3 As land use regulations are no longer criminal matters,staff is eliminating language indicating same. <br /> 4IBID. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-7 <br />