Orange County NC Website
Article 9: Enforcement 141 <br /> Section 9.9: Stormwater Management <br /> (1) If it is determined that a person responsible for construction or maintenance of <br /> any permanent on-site SCM, or removal of any Illegal Discharge has failed to <br /> comply with the Act, this Ordinance, or rules, or orders adopted or issued <br /> pursuant to this Ordinance, a notice of violation shall be served upon that person. <br /> (2) The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4. <br /> (3) The notice shall specify a date by which the person must comply with the Act, or <br /> this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform <br /> the person of the actions that need to be taken to comply with the Act, this <br /> Ordinance, or rules or orders adopted pursuant to this Ordinance. <br /> (4) No time period for compliance need be given for encroaching on the riparian <br /> buffer or for obstructing, hampering or interfering with an authorized <br /> representative while in the process of carrying out their official duties. <br /> (5) Any person who fails to comply within the time specified is subject to the civil and <br /> criminal penalties provided in this Ordinance. <br /> (6) In the event service cannot be accomplished by registered or certified mail, it <br /> may be accomplished in any manner provided in rule (4)j of the North Carolina <br /> Rules of Civil Procedure. <br /> (D) Authority to Require Statements <br /> (1) The Erosion Control Officer shall have the authority to require written statements, <br /> or the filing of reports under oath, with respect to pertinent questions relating to <br /> stormwater management activities. <br /> (E) Stop Work Orders <br /> (1) Whenever any person is violating the stormwater management provisions of this <br /> Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or <br /> any term, condition, or provisions of an approved Ster..,water MaRa ement <br /> WaaSMP, the Erosion Control Officer may, either before or after the institution of <br /> any other action or proceeding authorized by these regulations, issue a stop work <br /> order for the site on which the violation has occurred. <br /> (2) Upon issuance of such an order and the posting of same on the site of the <br /> violation, all work on the site of the violation shall cease, except those activities <br /> necessary to bring the site into compliance with the stormwater management <br /> provisions of this Ordinance. <br /> (3) Notice of the stop work order shall be in writing, directed to the person <br /> conducting the sterW,water m eRt "Land-Disturbing Actiyity348 in <br /> violation of the provisions of this Ordinance and shall state the reasons for the <br /> issuance of the order, and the conditions under which work may be resumed. <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 /> 341 Correct reference to"Land-Disturbing Activity'. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-17 <br />