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authorized representative while in the process of carrying out his <br />official duties) prior to assessment of an initial civil penalty for the <br />day the violation is detected, up to the maximum amount permitted <br />per day. <br /> <br />bo <br /> <br />o <br /> <br />In determining the amount of the penalty, items which may be <br />considered are the degree and extent of harm caused by the <br />violation, the cost of rectifying the damage, the amount of money <br />the violator saved by non-compliance, whether the violation was <br />committed willfully and the prior record of the violator in <br />complying with or failing to comply with this Ordinance. <br /> <br />o <br /> <br />Civil penalties collected by a local government under this <br />subsection shall be credited to the general fund of the local <br />government as non-tax revenue. <br /> <br />Criminal Penalties <br /> <br />Any Person who knowingly or willfully violates any provision of this <br />Ordinance, or rule, regulation or order adopted or issued pursuant to this <br />Ordinance, or who knowingly or willfully initiates or continues a Land- <br />Disturbing Activity for which a Plan is required, except in accordance <br />with the terms, conditions, and provisions of an approved Plan, shall be <br />guilty of a Class 2 misdemeanor which may include a fine not to exceed <br />$5,000.O0. <br /> <br />Section 21 - <br /> <br /> a. <br /> <br />Injunctive Relief <br /> <br />Whenever the County has reasonable cause to believe that any Person is <br />violating or threatening to violate this Ordinance or any term, condition, <br />or provision of an approved Plan, it may, either before or after the <br />institution of any other action or proceeding authorized by this Ordinance, <br />institute a civil action for injunctive relief to restrain the violation or <br />threatened violation. The action shall be brought in the Superior Court of <br />Cabarrus County. <br /> <br />Upon determination by a court that an alleged violation is occurring or is <br />threatened, the court shall enter any order of judgment that is necessary to <br />abate the violation, to ensure that restoration is performed, or to prevent <br />the threatened violation. The institution of an action for injunctive relief <br /> <br />25 <br /> <br /> <br />