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Article 9: Enforcen' <br /> Section 9.8: Soil Erosion and Sedimentation Control359F <br /> (a) See Section 2.26.11 of this Ordinance. <br /> {7}(8) Credit of Civil Penalties376 <br /> (a) Civil penalties collected pursuant to this Section of the Ordinance shall <br /> be credited to the Civil Penalty and Forfeiture Fund in accordance with <br /> N.C.G.S. 115C-457.2. <br /> (b) Penalties collected by Orange County may be diminished only by the <br /> actual costs of collection. The collection cost percentage to be used <br /> shall be established and approved by the North Carolina Office of State <br /> Budget and Management on an annual basis, based upon the <br /> computation of actual collection costs by Orange County for the prior <br /> fiscal year. <br /> (9) Remission of Civil Penalties 377 <br /> (a) -A request for remission of a civil penalty imposed under N.C.G.S. 113A- <br /> 64 may be filed with the governing body within 30 days of receipt of the <br /> notice of assessment. A remission request must be accompanied by a <br /> waiver of the right to a contested case hearing Qursuant to Chapter 150B <br /> of the General Statutes and a stipulation of the facts on which the <br /> assessment was based. The following factors shall be considered in <br /> determining whether a civil penalty remission request will be approved: <br /> (i) Whether one or more of the civil penalty assessment factors in <br /> N.C.G.S. 113A-64(x)(3) were wrongly applied to the detriment of <br /> the petitioner. <br /> (ii) Whether the petitioner promptly abated continuing environmental <br /> damage resulting from the violation. <br /> (iii) Whether the violation was inadvertent or a result of an accident. <br /> (i v) Whether the petitioner had been assessed civil penalties for any <br /> previous violations. <br /> (V) Whether payment of the civil penalty will prevent payment for <br /> necessary remedial actions or would otherwise create a <br /> significant financial hardship. <br /> 4�4(vi) The assessed property tax valuation of the petitioner's property <br /> upon which the violation occurred, excluding the value of any <br /> structures located on the property_ <br /> (B) Criminal Penalties 378 <br /> Any porson Person who knowingly or willingly violates anyprovision of this Ordinance, or <br /> rule or order adopted or issued by the North Carolina Sedimentation Control Commission <br /> or a local government, <br /> OrdMARAC, or r,-W or order adopted or issued pursu'ant to thAsp regulations, or who <br /> knowingly or willfully initiates or continues a Land-Disturbing <br /> ActivitXl g.,- - ---r-n A-+;,;+, for which an <br /> P4anErosion and Sedimentation Control Plan is required except in accordance with the <br /> terms, conditions, and provisions of an approved Erosion and Sedimentation Control <br /> Plan,plan shall be guilty of a Class 2 misdemeanor <br /> sem which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64. <br /> 376 This section has been revisedto complywith the state's current E&SC Model Ordinance. <br /> 377 Added this sectionto complywith the state's current E&SC Model Ordinance. <br /> 378 This section has been revisedto complywith the state's current E&SC Model Ordinance. <br /> '-74�Lzxt pction_dLa QtRd oil»i;nd <br /> Orange County, North Carolina- Unified Development Ordinance Page 9-14 <br />