<div class="chunk-title">Sec. 31-19. - Penalties.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Civil penalties.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Civil penalty for a violation.</span> Any person who violates any of the provisions of the Act, this chapter, or rule or
               order adopted or issued pursuant to this chapter, or who initiates or continues a
               land-disturbing activity for which a plan is required except in accordance with the
               terms, conditions, and provisions of an approved plan, is subject to a civil penalty.
               The maximum civil penalty amount that the county may assess per violation is $5,000.00.
               A civil penalty may be assessed from the date of the violation. Each day of a continuing
               violation shall constitute a separate violation. When the person has not been assessed
               any civil penalty under this subsection for any previous violation, and that person
               abated continuing environmental damage resulting from the violation within 180 days
               from the date of the notice of violation, the maximum cumulative total civil penalty
               assessed under this subsection for all violations associated with the land-disturbing
               activity for which the erosion and sedimentation control plan is required is $25,000.00.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Civil penalty assessment factors.</span> The county shall determine the amount of the civil penalty based upon the following
               factors:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The degree and extent of harm caused by the violation,
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The cost of rectifying the damage,
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The amount of money the violator saved by noncompliance,
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Whether the violation was committed willfully, and
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               The prior record of the violator in complying of failing to comply with this chapter.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Notice of civil penalty assessment.</span> The county shall provide notice of the civil penalty amount and basis for assessment
               to the person assessed. The notice of assessment shall be served by any means authorized
               under G.S. 1A-1, Rule 4. A notice of assessment by the county shall direct the violator
               to either pay the assessment, contest the assessment within 30 days by filing a petition
               for hearing with the county (as directed by procedures within the local ordinances
               or regulations adopted to establish and enforce the erosion and sedimentation control
               program), or file a request with the sedimentation control commission for remission
               of the assessment within 60 days of receipt of the notice of assessment. A remission
               request must be accompanied by a waiver of the right to a contested case hearing pursuant
               to G.S. ch. 150B and a stipulation of the facts on which the assessment was based.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Hearing.</span> A hearing on a civil penalty shall be conducted by the subdivision review board of
               the county within 30 days after the date of the written demand for the hearing. The
               subdivision review board shall make its recommendation to the county board of commissioners
               within 30 days after the date of the hearing.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Final decision.</span> The final decision on contested assessments shall be made by the county board of
               commissioners in accordance with this chapter.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Appeal of final decision.</span> Appeal of the final decision of the county board of commissioners shall be to the
               superior court of the county where the violation occurred. Such appeal must be made
               within 30 days of the final decision of the county board of commissioners.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               <span class="ital">Remission of civil penalties.</span> A request for remission of a civil penalty imposed under G.S. 113A-64 may be filed
               with the county within 60 days of receipt of the notice of assessment. A remission
               request must be accompanied by a waiver of the right to a contested case hearing pursuant
               to G.S. ch. 150B and a stipulation of the facts on which the assessment was based.
               The following factors shall be considered in determining whether a civil penalty remission
               request will be approved:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Whether one or more of the civil penalty assessment factors in G.S. 113A-64(a)(3)
               were wrongly applied to the detriment of the petitioner.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Whether the petitioner promptly abated continuing environmental damage resulting from
               the violation.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Whether the violation was inadvertent or a result of an accident.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Whether the petitioner had been assessed civil penalties for any previous violations.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Whether payment of the civil penalty will prevent payment for necessary remedial actions
               or would otherwise create a significant financial hardship.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               The assessed property tax valuation of the petitioner's property upon which the violation
               occurred, excluding the value of any structures located on the property.
               </p>
            		
            <p class="b2">
               The petitioner shall have the burden of providing information concerning the financial
               impact of a civil penalty on the petitioner and the burden of sowing petitioner's
               hardship. The county board of commissioners, may remit the entire amount of the penalty
               only when petitioner has not been assessed civil penalties for previous violations
               and payment of the civil penalty will prevent payment for necessary remedial actions.
               </p>
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               <span class="ital">Collection.</span> If payment is not received within 60 days after it is due, the county may institute
               a civil action to recover the amount of the assessment. The civil action may be brought
               in the superior court of the county where the violation occurred, or the violator's
               residence or principal place of business is located. Such civil actions must be filed
               within three years of the date the assessment was due. An assessment that is not contested
               or remission of which is not requested, is due when the violator is served with a
               notice of assessment. An assessment that is contested or of which a remission is requested
               is due upon the administrative and judicial review of the assessment.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               <span class="ital">Credit of civil penalties.</span> The clear proceeds of civil penalties collected by the county under this subsection
               shall be remitted to the civil penalty and forfeiture fund in accordance with G.S.
               115C-457.2. Penalties collected by the county may be diminished only by the actual
               costs of collection. The collection cost percentage to be used shall be established
               and approved by the North Carolina Office of State Budget and Management on an annual
               basis, based upon the computation of actual collection costs by the county for the
               prior fiscal year.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Criminal penalties.</span> Any person who knowingly or willfully violates any provision of this chapter, or
               rule or order adopted or issued by the commission or a local government, or who knowingly
               or willfully initiates or continues a land-disturbing activity for which a plan is
               required except in accordance with the terms, conditions, and provisions of an approved
               plan, shall be guilty of a class 2 misdemeanor which may include a fine not to exceed
               $5,000.00 as provided in G.S. 113A-64.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2008-18, 11-17-2008; Ord. No. 2021-10, 10-18-2021)
               </p></div>