BC 2013 08 19 Regular Meeting - Laserfiche WebLink

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August 19, 2013 (Regular Meeting) Page 1711 (e3) Upon receipt of a demand for a hearing on an order, the Executive Director shall identify each provision to which no objection was made and such provision shall remain in effect; provided that, if the Executive Director determines that it would be unreasonable for such provision to apply when all surrounding circumstances are considered, the Executive Director in his sole discretion may stay such provision until the time set forth in Section .' 10 (f) (2) . (� g) Judicial review. Any person against whom a final order or decision of the Executive Director is made pursuant to the hearing conducted under Section 4.3(f) 10, may seek judicial review of the order or decision by filing a written petition within thirty (30) days after receipt of notice of the order or decision, but not thereafter, with the Superior Court of Cabarrus County. If not previously requested, said person shall request in writing that a transcript be prepared for every part of the hearing which was recorded. Said request shall be made at or before the time that the petition is filed. A copy of the petition shall be served on WSACC in the manner required by law. Within thirty (30) days after service of a copy of the petition upon WSACC or such other time as may be ordered by the Court, WSACC shall prepare and transmit to the Court the original or a certified copy of the official record of the hearing as hereinafter set forth. The official record of the hearing shall consist of: (al) all notices, motions and other similar documents; (-Ja2) all documentary and tangible evidence tendered at the hearing; and (e3) the final order or decision. A transcript of each part of the hearing that was recorded shall be included in the official record as an exhibit, if available at the time the remaining portion of the official record is transmitted to the Court. If the transcript is not available at that time, it shall be transmitted to the Court as soon as reasonably possible after the transcript has been prepared. If testimony is taken and not recorded, a narrative summary of any testimony taken shall be prepared and transmitted to the court as an exhibit to the official record. ($-h) The Executive Director may consider petitions for remission of civil penalties assessed pursuant to this ordinance. A petition for remission shall be in writing and shall be signed by the persons against whom the civil penalty was assessed. The petition shall include: a waiver of any and all rights of the petitioner to an adjudicatory hearing and judicial review of the assessment; and a stipulation that the facts are correct as set forth in the document(s) assessing the civil penalty. The decision of the Executive Director on the petition shall be final and shall not be subject to further administrative or judicial review. In determining whether a petition for remission will be approved, the Executive Director shall consider recommendations and the following factors: (al) whether one or more of the factors concerning the assessment of a civil penalty in Section 8.2 (c) were wrongly applied to the detriment of the petitioner; (b2) whether the petitioner promptly abated continuing environmental damage resulting from the violation giving rise to the assessment; (e3) whether the violation giving rise to the assessment was inadvertent or the result of an accident; (d4) whether the petitioner has been assessed civil penalties for any prior violations pursuant to this ordinance or by any State or Federal authority enforcing substantially similar provisions;