Orange County NC Website
Article 9: Enforcement 158 <br /> Section 9.8: Soil Erosion and Sedimentation Contro1356F <br /> (1) No Personpersen shall willfully resist, delay, or obstruct an authorized <br /> representative, employee, or agent of Orange County, while that Personpersen is <br /> inspecting or attempting to inspect a land disturbing acti„i+„Land-Disturbing <br /> Activity under this section. <br /> (2) The Erosion Control Officer shall have the power to conduct such investigations <br /> as deemed reasonably necessary to carry out the duties as prescribed in this <br /> Ordinance, and who presents appropriate credentialsapA358 for this purpose to <br /> enter at reasonable times upon any property, public or private, for the purpose of <br /> investigating and inspecting the sites of any land-disturbing activities. <br /> (3) No Personpersse shall refuse entry or access to any authorized representative or <br /> agent of the County who requests entry for purposes of inspection, and who <br /> presents appropriate credentials, nor shall any Personpers_ + obstruct, hamper or <br /> interfere with any such representative while in the process of carrying out their <br /> official duties. <br /> (C) Notice of Violation <br /> (1) If it is determined that a perseR-Person engaged in land distuFbiRg aGtivityLand- <br /> Disturbing Activity has failed to comply with the Act, this Ordinance, or rules, or <br /> orders adopted or issued pursuant to this Ordinance, a notice of violation shall be <br /> served upon that personPerson. <br /> (2) The notice of violation may be served by any means authorized under N.C.G.S. <br /> 1A-1, Rrule 4. and shall include information on how to obtain assistance in <br /> developing corrective measures.359 <br /> (3) The notice of violation shall specify a date by which the perss+->-Person must <br /> comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this <br /> Ordinance, and inform the peFS(DR-Person of the actions that need to be taken to <br /> comply with the Act, this Ordinance, or rules or orders adopted pursuant to this <br /> Ordinance. <br /> (4) No time period for compliance need be given for failure to submit an <br /> FiFesiener.,1sin-R and sedimen+afro,, Control olanErosion and Sedimentation <br /> Control Plan for approval or for obstructing, hampering or interfering with an <br /> authorized representative while in the process of carrying out their official duties. <br /> (5) Any perse+-> Person who fails to comply within the time specified is subject to the <br /> civil and criminal penalties provided in this Ordinance. <br /> (6) IR the 0 eRt sePViGe net be a plished by registered O or+ified moil it <br /> may be a pushed in vided in rule (4)j of the Ner+h f oreIino <br /> Rules of Gi„il PFOGeduro.lf the Person engaged in the Land-Disturbing Activity <br /> has not received a previous notice of violation pursuant to this Ordinance, the <br /> Erosion Control Officer shall offer assistance in developing corrective measures. <br /> Assistance may be provided by referral to a technical assistance program on <br /> behalf of Orange County, referral to a cooperative extension program, or by the <br /> provision of written materials such as Orange County guidance documents. Tie <br /> .,Iofi�r. m ��ho sse. xprl ir, +ho m r�rihpd fA1_1r sor��i.o <br /> by N G G C !A 1 Rule A aR d shall OR hew to eht;;'n <br /> (D) Authority to Require Statements <br /> ...This section has been revised to comply with the state's current E&SC Model Ordinance. <br /> ...Edit(s) based on Legal Sufficiency Review comments. <br /> 36e to eR as . <br /> "I Edit(s) based on Legal Sufficiency Review comments. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-9 <br />