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390 <br /> <br />DRAFT <br /> <br />necessary forms within fifteen (15) days following the date the <br />decision was filed in the County's Office and mailed to the <br />applicant, whichever date is later. Such written request and <br />completed forms shall be filed in the County's Office. Forms shall <br />be available at the Development Services office. A fee for such <br />public hearing shall be in accordance with a fee schedule adopted by <br />the Board of Commissioners. No request shall be considered complete <br />unless accompanied by such fee. <br /> <br /> Notice of the Commission's public hearing shall be sent by first <br /> class mail to the applicant at least ten (10) days prior to the <br /> public hearing and to any person who has submitted written request <br /> to receive such notice at least ten (10) days prior to the date of <br /> the public hearing. The hearing shall be held no later than thirty <br /> (30) days after the date of receipt of said written request. <br />2. A hearing held pursuant to Subsection (1) shall be conducted by the <br /> Commission. A concurring vote per said agency's officially adopted <br /> bylaws will be necessary to reverse any order, requirement, <br /> decision, or determination of any official charged with the <br /> enforcement of this Ordinance, or zo decide in favor of an appellant <br /> any matter upon which is required to pass or to grant variance from <br /> the provisions of this Ordinance. The County shall keep minutes of <br /> the Commission's proceedings, showing the votes of each member upon <br /> each questions and the attendance of each member at such hearings. <br /> The final disposition of the County shall be based on findings of <br /> fact. (NOTE: THE COMMISSION WILL NEED FINDINGS OF FACT IN ORDER TO <br /> TAKE ACTION). <br />3. A party dissatisfied with the decision of the Commission following <br /> the public hearing, shall have fifteen (15) days from the date of <br /> said decision, to appeal such decision to the NCSCC pursuant to <br /> Title 15, Chapter 4B, Section .0018(b) of the North Carolina <br /> Administrative Code and as provided NCGS 133A-61(c). <br /> <br />In the event that a Plan is disapproved pursuant Co Section 17(g) of this <br />Ordinance, the County staff shall notify the Director of the Division of <br />Land Resources of such disapproval, along with the reasons therefore, <br />within five (5) days after the date of the decision. The County shall <br />advise the Director in writing as to the specific reasons that the Plan <br />was disapproved. The applicant may appeal the County's disapproval of the <br />Plan pursuant to Section 17(g) of this Ordinance directly to the <br />Commission. <br /> <br />Section 19 Inspections and Investigations <br />a. Agents, officials, or other qualified persons auth6rized by the County, <br /> will periodically inspect land-dlsturbing activities to ensure compliance <br /> with the Act, this Ordinance, or rules or orders adopted or issued <br /> pursuant to this Ordinance, and to determine whether the measures required <br /> in the Plan are effective in controlling erosion and sediment resulting <br /> from land-disturbing activity. Notice of the right to inspect shall be <br /> included in the certificate of approval of each Plan. <br />h. No person shall willfully resist, delay, or obstruct an authorized <br /> representative, employee, or agent of the County, while that person is <br /> inspecting or attempting to inspect a land-disturbing activity under this <br /> section. <br />c. If, it is determined that a person engaged in the land-disturbing activity <br /> has failed to comply with the Act, this Ordinance, or rules, or orders <br /> adopted or issued pursuant to this Ordinance, or has failed to comply with <br /> an approved Plan, a notice of violation shall be served upon that person. <br /> The notice shall be served by registered or certified mall or by any means <br /> authorized under GS 1A-l, Rule 4. The notice of violation shall specify a <br /> date by which the person must comply with this Ordinance, and inform the <br /> person of the actions that need to be taken to comply with this Ordinance. <br /> The notice shall set forth the measures necessary to achieve compliance <br /> with the Plan, specify a reasonable time period within which such measures <br /> shall be completed, and warn that failure to correct the violation within <br /> the time period stated is subject to a civil penalty and other enforcement <br /> actions. However, no time period for compliance need be given for failure <br /> to submit a Plan for approval or for obstructing, hampering or interfering <br /> with an authorized representative while in the process of carrying out his <br /> official duties. Any person who fails to comply within the time specified <br /> is subject to the civil and criminal penalties provided in this Ordinance. <br /> <br /> <br />