AG 1997 10 20 - Laserfiche WebLink

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DRAFT 392 2. The amount of civil penalty shall be assessed pursuant to the following: a. Five hundred dollars ($500.00) per day for failure to submit a Plan for approval prior to grading as required by this Ordinance. b. Five hundred dollars ($500.00) per day for failure to retain sediment from a land-disturbing activity, in accordance with an approved Plan or terms of this Ordinance. c. Two hundred fifty dollars ($250.00) per day for failure to provide adequate stabilization to restrain erosion within 30 working days of completion of any phase of grading or construction. d. Two hundred fifty dollars ($250.00) per day for failure to file an acceptable, revised Plan after being notified by the County staff to do so. e. Five hundred dollars ($500.00) per day for failure to maintain additional measures as called for in Section 15 of this Ordinance. f. Five hundred dollars ($500.00) per day for all other violations of this Ordinance. 3. County staff shall notify the violator of this penalty and the reason for assessing the penalty by any means authorized by NCGS 1A- a, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment as provided in Section 19. If payment is not received within 30 days after demand for payment is made, the County may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Cabarrus County Superior Court or the Superior Court of the violator's residence or where the violator's 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. Civil penalties collected pursuant to this Ordinance shall be credited to the Cabarrus County general fund as nontax revenue. Any person who knowingly or willfully violates any provision of this Ordinance, or rule or other 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 misdemeandr which may include a fine not to exceed $5,000.00. Section 21 Injunctive Relief a. Whenever the County has reasonable cause to believe that any person is violating or threatening to violate this Ordinance 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 for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Cabarrus County. b. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order of 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. Section 22 Restoration of Areas Affected by Failure to Comply Cabarrus County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by Section S(b) 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. Section 23 Severability If any section or sections of this Ordinance is/are held to be invalid or