BC 1999 12 20 - Laserfiche WebLink

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373 means authorized under GS IA-I, Rule 4. The notice of violation shall specify a date by which the Person must comply with this Ordinance, and inform the Person of the actions that need to be taken to comply with this Ordinance. The notice shall set forth the measures necessary to achieve compliance with the Plan, specify a reasonable time period within which such measures shall be completed, and warn that failure to correct the violation within the time period stated is subject to a civil penalty and other enforcement actions. However, no time period for compliance need be given for failure to submit a Plan for approval, for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties, or for the penalty that may be assessed pursuant to this Ordinance for the day the violation is assessed by the County. Any Person who fails to comply within the time specified in the Notice is subject to additional civil and criminal penalties for a continuing violation as provided in this Ordinance. 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. e. 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. f. 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 24-hour period. g. With regard to development of any Tract which is 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 (or any other parcel of the Tract developed by the same Person) is deemed to be in violation of this Ordinance; or, 2. If there remains due and is payable to the 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 Plan have not been completed with respect to any parcel of the Tract, including without limitation, the parcel for which the Certificate of Occupancy is requested. Provided, if the Certificate of Occupancy is denied for the parcel for which it is requested solely and exclusively due to the failure of another parcel of the same Tract to qualify for a Certificate of Occupancy, the applicant must be the same person or entity for both parcels. Notwithstanding the herein-referenced provisions, the 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 Penalties Civil Penalties 1. /Lny Person who violates any of the provisions of the applicable State, Federal or local laws, rules, regulations or ordinances, including this Ordinance, or rules or orders adopted or issued pursuant to applicable State, Federal or local laws, rules, regulations or ordinances, including 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