<div class="chunk-title">Section 10.4 - Soil and Erosion Control Enforcement Procedures.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Section 10.4.1 Inspections and Investigations.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Inspection</span>. Agents, officials, or other qualified persons authorized by the County, will periodically
               inspect land-disturbing activities to ensure compliance with the Act, this ordinance,
               or rules or orders adopted or issued pursuant to this ordinance, and to determine
               whether the measures required in the Plan are effective in controlling erosion and
               sedimentation resulting from land-disturbing activity. Notice of the right to inspect
               shall be included in the certificate of approval of each Plan.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               An initial erosion control permit site inspection is required, must be scheduled by
               the permit holder and approved, prior to scheduling the first building inspection.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Willful Resistance, Delay or Obstruction</span>. No person shall willfully resist, delay, or obstruct an authorized representative,
               employee, or agent of the County, while that person is inspecting or attempting to
               inspect a land-disturbing activity under this section.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice of Violation</span>. If the County determines that a person engaged in land-disturbing activity has failed
               to comply with the Act, this ordinance, or rules, or orders adopted or issued pursuant
               to this ordinance, a notice of violation shall be served upon that person. The notice
               may be served by any means authorized under GS 1A-1, Rule 4. The notice shall specify
               a date by which the person must comply with the Act, or this ordinance, or rules,
               or orders adopted pursuant to this ordinance, and inform the person of the actions
               that need to be taken to comply with the Act, this ordinance, or rules or orders adopted
               pursuant to this ordinance. Any person who fails to comply within the time specified
               is subject to additional civil and criminal penalties for a continuing violation as
               provided in G.S. 113A-64 and this ordinance.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Investigation</span>. The County, shall have the power to conduct such investigation as it may reasonably
               deem necessary to carry out its duties as prescribed in this ordinance, and for this
               purpose to enter at reasonable times upon any property, public or private, for the
               purpose of investigating and inspecting the sites of any land-disturbing activity.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Statements and Reports</span>. The County, shall also have the power to require written statements, or filing of
               reports under oath, with respect to pertinent questions relating to land-disturbing
               activity.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 10.4.2 Penalties.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Civil Penalties</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Civil Penalty for a Violation</span>. Any person who violates any of the provisions of this ordinance, or rule or order
               adopted or issued pursuant to this ordinance, 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 five thousand dollars ($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 twenty-five
               thousand dollars ($25,000).
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Civil Penalty Assessment Factors</span>. The governing body of the County shall determine the amount of the civil penalty
               based upon the following factors:
               </p>
            		
            <p class="incr2">
               (1)
               </p>
            		
            <p class="content3">
               the degree and extent of harm caused by the violation,
               </p>
            		
            <p class="incr2">
               (2)
               </p>
            		
            <p class="content3">
               the cost of rectifying the damage,
               </p>
            		
            <p class="incr2">
               (3)
               </p>
            		
            <p class="content3">
               the amount of money the violator saved by noncompliance,
               </p>
            		
            <p class="incr2">
               (4)
               </p>
            		
            <p class="content3">
               whether the violation was committed willfully, and
               </p>
            		
            <p class="incr2">
               (5)
               </p>
            		
            <p class="content3">
               the prior record of the violator in complying of failing to comply with this ordinance.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Notice of Civil Penalty Assessment</span>. The governing body of 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.
               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">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Final Decision:</span> The final decision on contested assessments shall be made by the governing body of
               the County in accordance with (the local ordinances or regulations adopted to establish
               and enforce the erosion and sedimentation control program.)
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               <span class="ital">Appeal of Final Decision.</span> Appeal from the final decision of the governing body of the County shall be to the
               Superior Court of the county where the violation occurred. Such appeals must be made
               within 30 days of the final decision of the governing body of the County.
               </p>
            		
            <p class="incr1">
               (vi)
               </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 (3) years of the date the assessment was due. An assessment that is not
               contested is due when the violator is served with a notice of assessment. An assessment
               that is contested is due at the conclusion of the administrative and judicial review
               of the assessment.
               </p>
            		
            <p class="incr1">
               (vii)
               </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 each County for the
               prior fiscal year.
               </p>
            		
            <p class="b2">
               [In any event, the cost percentage shall not exceed twenty percent (20%) of penalties
               collected.]
               </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 ordinance,
               or rule or order adopted or issued pursuant to this ordinance, 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 included a fine not to exceed $5,000
               as provided in G.S. Â§ 113A-64.
               </p>
            		
            <p class="b0">
               <span class="bold">Section 10.4.3 Injunctive Relief.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Violation of Local Program</span>. Whenever the governing body has reasonable cause to believe that any person is violating
               or threatening to violate any ordinance, rule, regulation or order adopted or issued
               by the County, or any term, condition, or provision of an approved Plan, it may, either
               before or after the institution of any other action or proceeding authorized by this
               ordinance, institute a civil action in the name of the County, for injunctive relief
               to restrain the violation or threatened violation. The action shall be brought in
               the superior court of the county in which the violation is occurring or is threatened.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Abatement of Violation</span>. Upon determination by a court that an alleged violation is occurring or is threatened,
               the court shall enter any order or judgment that is necessary to abate the violation,
               to ensure that restoration is performed, or to prevent the threatened violation. The
               institution of an action for injunctive relief under this section shall not relieve
               any party to the proceedings from any civil or criminal penalty prescribed for violations
               of this ordinance.
               </p>
            		
            <p class="b0">
               <span class="bold">10.4.4 Restoration After Non-Compliance.</span> The County, may require a person who engaged in a land-disturbing activity and failed
               to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore
               the waters and land affected by the failure so as to minimize the detrimental effects
               of the resulting pollution by sedimentation. This authority is in addition to any
               other civil or criminal penalty or injunctive relief authorized under this ordinance.
               </p>
            <p class="historynote0">
               (Ord. No. O2019-01(3), 2-4-2020)
               </p></div>