Orange County NC Website
18 <br />which an erosion control plan is required except in accordance with the terms, conditions, and <br />provisions of an approved plan, is sub'ect to a civil enal .The maximum civil enal for a <br />violation is five thousand dollars S 000 er da . <br />A civil enal ma be assessed from the date the violation is detected ifthe deadline stated in <br />the Notice of Violation is not met. Aone-time civil enal of five thousand dollars 5000 ma <br />be assessed for the da 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, or interfering with an authorized representative while in the process of carrying out <br />his official duties. Each day of a continuing violation shall constitute a separate violation under <br />Section 22(A)(1). <br />2. Demand for Payment of Penalty <br />The Orange County Board of Commissioners shall make noti the erson who is assessed the <br />civil anal of the amount of the anal and the reason for assassin the anal . ~i#te~ <br />The notice of assessment shall be served b an means authorized under Section 21 C of this <br />Ordinance and shall direct the violator to either a the assessment or contest the assessment <br />within 30 da s after recei t ofthe notice of assessmen b written demand for a hearin . <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 ma be brow ht in the Su erior Court of the coun where the <br />violation occurred or the violator's residence or rind al lace of business is located. teF <br />~e~• 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 /> <br />Commentary: This penalty is dedeted. The penalty of $Sr70 a day untid 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 overnment as nontax revenue. <br />Section 23 Injunctive Relief <br />B. Order to Cease Violation <br />Upon determination by a court that an alleged violation is occurring or is threatened, the court ~ shall <br />