AG 1997 10 20 - Laserfiche WebLink

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391 DRAFT d. Representatives of the County, shall have the power to conduct such investigation as it may reasonably deem necessary to carry out 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. No person shall refuse entry or access to an authorized representative or agent of the County who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out their official duties as provided in this Ordinance. Representatives or agents of the County shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity. On any tract on which five (5) or more acres are disturbed, the person conducting land disturbing activity will be responsible for self inspection of erosion and sedimentation control facilities at least once every seven (7) days or within 24 hours of a storm event of greater than 0.5 inches of rain per a 24 hour period. With regard to development of any tract which ls subject to this Ordinance, Cabarrus County (or other local unit of government having planning jurisdiction in which the subject property is located) shall not issue a Certificate of Occupancy when any of the following conditions exist: 1. The tract is deemed to be in violation of this Ordinance; or, 2. If there remains due and is payable to Cabarrus County any civil penalties which have been levied against the person(s) conducting the land-disturbing activity for violation(s) of this Ordinance with regard to the development of the tract. 3. If the requirements of the Plan have not been completed and the building or structure for which a Certificate of Occupancy is requested is the only building under construction on the tract; or, 4. If there are multiple buildings on the parcel, the requirements of the Plan have not been completed and the building or structure for which a Certificate of Occupancy is requested is the last building then under construction; or, 5. If on a tract which includes multiple parcels, the requirements of the Flan have not been completed with respect to the parcel for which the Certificate of Occupancy is requested. Notwithstanding the herein-referenced provisions, Cabarrus County (or such other local government) may issue a temporary Certificate of Occupancy where Subsections (3), (4), or (5) apply and where the person conducting the land disturbing activity is making substantial progress towards completing the requirements of the Plan. Section 20 a. Civil Penalties Penalties Any person who violates any of the provisions of this Ordinance, or rules or orders 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 for a violation, other than a violation of a stop work order issued under G.S. 113A-65.1, is five hundred dollars ($500.00). The maximum civil penalty for a violation of a stop-work order is five thousand dollars ($5,000.00). No penalty shall be assessed until the person alleged to be in violation has been notified of the violation as provided in Section 19C of this Ordinance. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation is to be corrected, and warn that failure to correct the violation within the prescribed rime period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of servioe of the notice of violation. No time period for compliance need be given for failure to submit a Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation.