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39 <br />which an erosion control plan is required except in accordance with the terms, conditions, and <br />provisions of an approved plan, is subiect to a civil penalty. The maximum civil penal , for a <br />violation is five thousand dollars ($5.0001 per dad <br />A civil penalty may be assessed.from the date the violation is detected ifthe deadline stated in <br />the Notice of Violation is not met. Acne-time civil penalty of five thousand dollars ($SOODI may <br />b_e assessed for the day the violation,is first detected. However, no time period for compliance <br />need be given for failure to submit an Erosion Control Plan for approval or for obstructing, <br />hampering, ar interfering with an authorized representative while in the process of carrying aut <br />his official duties. Each day of a continuing violation shall constitute a separate violation under <br />Section 22(A)(1). <br />2. Demand far Payment of Penalty <br />The Orange County Board of Commissioners shall make noti the arson who is assessed the <br />civil penalty of the amount of the penalty and the reason, for assessing_the~analty. erg <br />The notice of assessment shall be served b, any means_authorized under Section, 21C of this <br />Ordinance, and shall direct the violator to either pay the assessment or c~ntgst the assessment, <br />within 30 days_after receipt_of the notice_of assessment. by wrttem demand for a hearing: <br />If payment is not received within 30 days after demand for <br />payment is made, the Coun or town ma institute a civil action to recover the amount of the <br />assessment. The_ civil action may be brought in, the Superior Court of the county_where the . <br />violation occurred, or• the violator's residence or principal place of business is located. tee <br />pennlt~ Such civil actions must be filed within three (3) years of the date the assessment was <br />due. An assessment that is not contested is due when the violator is served with a notice of <br />assessment. An assessment that is contested is due at the conclusion of the administrative and <br />'udicial review of the assessment. <br /> <br />Commentary:-: penalty is deteted The penalty of $S00 a day until the violation is corrected <br />can be used instead <br />34. Use of Penalties <br />Civil penalties collected pursuant to this Ordinance shall be credited to the eneral fund of the <br />local eovernment as nontax revenue. <br />Section 23 Injunctive Relief <br />B. Drder to Cease Violation <br />Upon determination by a court that an alleged violation is occurring or is threatened, the court ~ shall <br />C:\My DacumenCS\ECFQRMSWMENDS2000.doc <br />