Orange County NC Website
Browse       Search
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 ($5,0001 per dam <br />A civil enal ma be assessed from the date the violation is detected if the 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 day the violation_ is first detected. However, no time period for compliance <br />need be given for failure to submit an Erosion Control Plan far 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 />Demand for Payment of Penalty <br />The Orange County Board of Commissioners shall make noti the erson who is assessed the <br />civil penalty of the amount of the penalty and the reason far assessing the penal <br />l~T..a'..,...F 4L.., .. .,* <br />The notice of assessment shall be served by any means authorized under Section 21 C of this <br />Ordinance and shall direct the violator to either a the assessment or contest the assessmen <br />within 30 days after receipt of the notice of assessment. by 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 brou tin the Su erior Court of the coon where the <br />violation occurred or the violator's residence or rinci al lace of business is located: e~ <br />pei 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 />iudicial review of the assessment. . <br /> <br /> <br />f ~ <br /> <br /> <br />Commentary: This penalty is deleted, 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 eeneral fund of the <br />local government as nontax revenue. - ---' °- a~~'-••-°°a ~~ a:_e,.`°a i._. r c T T ~ ~ ce.... <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 />