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Article 9: Enforcement 145 Section 9.8: Soil Erosion and Sedimentation Control359F (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 requestec1372 is due when the violator is served with a notice of assessment. (g) An assessment that is contested and a remission that is not requested373 is due at the conclusion of the administrative and judicial review of the assessment. (3) Civil Penalty Assessment Factors (a) The governing body_^f the (Gity) (tgwp) (GQ Aty-) 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 37—erosion and sedimentation control provisions in this Ordinance. (4) Notice of Civil Penalty Assessment (a) The governing body of the (Gity) (f,,WA), (GO Aty) shall provide notice of the civil penalty amount and basis for assessment to the Personpa;&G► 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.,WA) (GO Aty), 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 Decision375 372 This section has been revised to complywith the state's current E&SC Model Ordinance. 313 This section has been revised to complywith the state's current E&SC Model Ordinance. 371 Deleted "soil". 375 Added this sectionto complywith the state's current E&SC Model Ordinance. The relevantsection describing the process foran appeal of final decisionona civil penaltyis located ina disconnected section of the UDO (i.e. Section 2.26.11). Orange County, North Carolina— Unified Development Ordinance Page 9-13