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Article 9: Enforcen?94 <br /> Section 9.8: Soil Erosion and Sedimentation Control359F <br /> (d) The civil action may be brought in the Superior Court of the county where <br /> the violation occurred, or in the county where the violator's residence or <br /> principal place of business is located. <br /> (e) Such civil actions must be filed within three years of the date the <br /> assessment was due. <br /> (f) An assessment that is not contested and a remission that is not <br /> requested372 is due when the violator is served with a notice of <br /> assessment. <br /> (g) An assessment that is contested and a remission that is not requested373 <br /> is due at the conclusion of the administrative and judicial review of the <br /> assessment. <br /> (3) Civil Penalty Assessment Factors <br /> (a) The governing body_ shall determine the <br /> amount of the civil penalty based upon the following factors: <br /> (i) The degree and extent of harm caused by the violation, <br /> (ii) The cost of rectifying the damage, <br /> (iii) The amount of money the violator saved by noncompliance, <br /> (iv) Whether the violation was committed willfully, and <br /> (v) The prior record of the violator in complying of failing to comply <br /> withi--�1?erosion and sedimentation control provisions in this <br /> Ordinance. <br /> (4) Notice of Civil Penalty Assessment <br /> (a) The governing body of the (G ty) (town), (Goy pty) shall provide notice of <br /> the civil penalty amount and basis for assessment to the Personpow'G ► <br /> assessed. <br /> (b) The notice of assessment shall be served by any means authorized <br /> under N.C.G.S. 1A-1, Rule 4, and shall direct the violator to either pay <br /> the assessment or contest the assessment,within 30 days after receipt <br /> of the notice of assessment, by written demand for a hearing. <br /> (5) Hearing <br /> (a) A hearing on a civil penalty shall be conducted by the appropriate local <br /> agency, within 15 days after the date of the written demand for the <br /> hearing. <br /> (b) The agency conducting the hearing shall make its recommendation to <br /> the governing body of the (Gity, (tGWA) (Goy pty), Within 15 days after the <br /> date of the hearing. <br /> (6) Final Decision <br /> (a) The governing body shall render its final decision on the civil penalty <br /> within 15 days of the receipt of the recommendation from the agency. <br /> (7) Appeal of Final Decision375 <br /> 372 This section has been revised to comply with the state's current E&SC Model Ordinance. <br /> 373 This section has been revised to comply with the state's current E&SC Model Ordinance. <br /> 374 Deleted "soil". <br /> 375 Added this sectionto complywith the state's current E&SC Model Ordinance. The relevant section describing <br /> the process foran appeal ofa final decisionona civil penaltyis located ina disconnected section ofthe UDO (i.e. <br /> Section 2.26.11). <br /> Orange County, North Carolina— Unified Development Ordinance Page 9-13 <br />