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Article 9: Enforcement 162 Section 9.8: Soil Erosion and Sedimentation Control356F (d) The civil action may be brought in the Superior Court of the county where the violation occurred, or in the county where the violator's residence or principal place of business is located. (e) Such civil actions must be filed within three years of the date the assessment was due. (f) An assessment that is not contested and a remission that is not reguested369 is due when the violator is served with a notice of assessment. (g) An assessment that is contested and a remission that is not reguested370 is due at the conclusion of the administrative and judicial review of the assessment. (3) Civil Penalty Assessment Factors (a) The governing body_of the (Gity) (f,,WR) (GO Rty)shall determine the amount of the civil penalty based upon the following factors: (i) The degree and extent of harm caused by the violation, (ii) The cost of rectifying the damage, (iii) The amount of money the violator saved by noncompliance, (iv) Whether the violation was committed willfully, and (v) The prior record of the violator in complying of failing to comply with 37erosion and sedimentation control provisions in this Ordinance. (4) Notice of Civil Penalty Assessment (a) The governing body of the (Gity) (f, WR) (GG Rty shall provide notice of the civil penalty amount and basis for assessment to the Personper-se assessed. (b) The notice of assessment shall be served by any means authorized under N.C.G.S. 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by written demand for a hearing. (5) Hearing (a) A hearing on a civil penalty shall be conducted by the appropriate local agency, within 15 days after the date of the written demand for the hearing. (b) The agency conducting the hearing shall make its recommendation to the governing body of the (Gity, (f,WR) (GG unty), within 15 days after the date of the hearing. (6) Final Decision (a) The governing body shall render its final decision on the civil penalty within 15 days of the receipt of the recommendation from the agency. (7) Appeal of Final Decision372 3"This section has been revised to comply with the state's current E&SC Model Ordinance. 31'This section has been revised to comply with the state's current E&SC Model Ordinance. 31'Deleted "soil". 312 Added this section to comply with the state's current E&SC Model Ordinance. The relevant section describing the process for an appeal of a final decision on a civil penalty is located in a disconnected section of the UDO(i.e. Section 2.26.11). Orange County, North Carolina—Unified Development Ordinance Page 9-13