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Article 9: Enforcen'96 <br /> Section 9.8: Soil Erosion and Sedimentation Control359F <br /> 9.8.3 Injunctive Relief <br /> (A) Civil Action in Superior Court <br /> (1) Whenever the governing body of the Towp or Goin+.,goard of Countv <br /> Commissioners has reasonable cause to believe that any perser-Person is <br /> violating or threatening to violate the moil-erosion and sedimentation control <br /> provisions of this Ordinance or any rule or order adopted or issued pursuant to <br /> these regulations, or any term, condition, or provision of an approved =PAR <br /> Erosion and Sedimentation Control Plan, <br /> it may, either before or after the institution of any other action or proceeding <br /> authorized by this Ordinance, institute a civil action in the name of Orange <br /> County, for injunctive relief to restrain the violation or <br /> threatened violation. <br /> (2) The action shall be brought in the Superior Court of Orange County. <br /> (B) Order to Cease Violation <br /> (1) Upon determination by a court that an alleged violation is occurring or is <br /> threatened, the court shall enter any order or judgment that is necessary to abate <br /> the violation, to ensure that restoration is performed, or to prevent the threatened <br /> violation. <br /> (2) The institution of an action for injunctive relief under this section shall not relieve <br /> any party to the proceedings from any civil or criminal penalty prescribed for <br /> violations of the 380erosion and sedimentation control provisions of this <br /> Ordinance. <br /> 9.8.4 Restoration of Areas Affected by Failure to Comply <br /> (A) U.e—SeuntyOrange County may require a person-Person who is engaged in a Jami- <br /> Land-Disturbing Activity and failed to retain sediment generated by the <br /> activity, as required by N.C.G.S. 113A-57(3), to restore the waters and land affected by <br /> the failure so as to minimize the detrimental effects of the resulting pollution by <br /> sedimentation. <br /> (B) This authority is in addition to any other civil or criminal penalty or injunctive relief <br /> authorized under this Ordinance. <br /> 9.8.5 Revocation of Land Disturbing Permit <br /> (A) Whenever a per6QA Person conducting a 1aPd-dic+i1rhin9 @GtiAtyLand-Disturbing Activity <br /> is not complying with the <:1381 erosion and sedimentation control provisions of this <br /> Ordinance, the Land Disturbing Permit, the approved eresiera grid <br /> Erosion and Sedimentation Control Plan or any amendments <br /> to the Erosion and Sedimentation Control <br /> Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site. <br /> (B) Notice of Revocation shall be sent by registered or certified mail to the person-Person <br /> conducting the Land-Disturbing Activity. In the event delivery <br /> cannot be accomplished by registered or certified mail, it may be accomplished in any <br /> manner provided in Rule 4 0) of the North Carolina Rules of Civil Procedure. <br /> (C) Upon receipt of the Revocation Notice, the perssA-Person responsible must immediately <br /> order all land-disturbing activities to cease except those which are specifically directed <br /> towards bringing the site into compliance with the 382 erosion and sedimentation <br /> control provisions of this Ordinance. <br /> 380 Deleted "soil". <br /> 381 Deleted "soil". <br /> 382 Deleted "soil". <br /> Orange County, North Carolina— Unified Development Ordinance Page 9-15 <br />