<div class="chunk-title">Sec. 10-23. - Penalties.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Civil penalties.</span> Any person who violates any of the provisions of this article, or rules or orders
               adopted or issued pursuant to this article, or who initiates or continues a land disturbing
               activity for which an erosion control plan is required except in accordance with the
               terms, conditions, and provisions of an approved plan, shall be subject to the assessment
               of a civil penalty in accordance with the following procedures:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Issuance of citations.</span> The maximum civil penalty for a violation is $5,000.00 per day. The maximum civil
               penalty for a violation of a stop work order issued under G.S. 113A-65.1 is $5,000.00
               per day. No penalty shall be assessed until the person alleged to be in violation
               has been notified of the violation as provided in section 10-503(c). If the violator
               has not completed corrective action before the allotted time period has expired, a
               civil penalty shall be imposed in the form of a citation and may be assessed from
               the date the violation is detected. However, no time period for compliance need be
               given for failure to submit an erosion control plan for approval or for obstructing,
               hampering or interfering with an authorized representative while in the process of
               carrying out his official duties. Notice of such citation shall be given as provided
               in section 10-503(c); shall state the civil penalty to be imposed upon the violator;
               and shall direct the violator to pay the civil penalty within ten business days of
               the date of the violation. The following language shall be placed on any citation
               issued and served pursuant to this article: "Failure to pay the civil penalty stated
               hereinabove, in addition to other remedies against you, shall subject you to the payment
               of reasonable attorney's fees, not to exceed 15 percent of the outstanding balance,
               including the principal amount of the penalty and interest accruing thereon." Each
               day of continuing violation shall constitute a separate violation.
               </p>
            		
            <p class="incr1">
               (2)
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            <p class="content2">
               <span class="ital">Payment of civil penalties.</span> The penalty fee schedule for civil penalties shall be set forth in the fee schedule
               established by the board of county commissioners and maintained in the office of the
               county manager. For each day the violation is not corrected, the violator shall be
               guilty of an additional and separate offense and subject to additional civil penalty.
               If the offender fails to pay the civil penalties within 30 days after having been
               cited, the county shall recover the penalties in a civil action in the nature of debt.
               In determining the amount of the penalty fee schedule, the board of county commissioners
               shall consider the degree and extent of harm caused by the violation and the cost
               of rectifying the damage, the amount of money the violator saved by noncompliance,
               whether the violation was committed willfully, and the prior record of the violator
               in complying or failing to comply with this article.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Appeal of civil penalties.</span> The erosion control officer shall notify the person who is assessed the civil penalty
               of the amount of the penalty and the reason for assessing the penalty. The notice
               of assessment shall be served by any means authorized under section 10-503(c), and
               shall direct the violator to either pay the assessment or contest the assessment within
               five calendar days after receipt of the notice of assessment by written demand for
               a hearing. A hearing on a civil penalty shall be conducted by the sediment control
               appeals board appointed by the board of county commissioners. Such hearings shall
               be held within 30 calendar days after the date of the written demand for the hearing.
               A minimum of three members of the sediment control appeals board must be present to
               hear a case. Appeal from the final decision of the governing body shall be to the
               superior court of the county.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">General fund.</span> Civil penalties collected pursuant to this article shall be credited to the general
               fund of the local government as non-tax revenue.
               </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 article, or
               rule or order adopted or issued pursuant to this article, or who knowingly or willfully
               initiates or continues a land disturbing activity for which an erosion control 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.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-20-2000; Ord. of 2-21-2002; Ord. of 7-25-2002; Ord. of 2-17-2004; Ord.
               of 6-15-2004; Ord. No. 004-03, Â§ 1401, 6-26-2007)
               </p></div>