BC 1999 12 20 - Laserfiche WebLink

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374 2 o 3 o approved Plan, is subject to a civil penalty. A Person may be immediately assessed a maximum civil penalty of up to $5,000 on the date any violation is first assessed by the County. An additional maximum civil penalty of up to $5,000 per day may be assessed by the County from the day following the date of initial assessment of a violation, if the cure period provided in the Notice of Violation is not met. If a civil penalty is not assessed immediately on the date of assessment of a violation, the County is not precluded from later assessing a penalty for that date in addition to other penalties (if any). Penalties are due and payable immediately upon assessment unless a cure period has been provided, in which case the penalties attributed to any uncured actions (or failures to act) covered by the cure period are due and payable immediately following failure to cure and lapse of the cure period. Penalties continue to accrue until the applicable violations are corrected. The County staff that administers an Erosion and Sediment Control program approved under G.S. 113A-60 shall determine the amount of the civil penalty and shall notify the Person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under G.S. IA-I, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment as provided in this Ordinance. If a violator does not pay a civil penalty assessed by the County within 30 days after it is due, the County may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of any county where the violation occurred or the violator's residence or principal place of business is located. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due immediately when the violator is served with a notice of assessment. An assessment that is contested by the recipient continues to accrue pending review and is due in full in such amount as determined by the review panel, the day following the administrative or judicial review. Any assessment not paid when due shall continue to accrue as assessed by the County, until paid in full or until such time as an administrative or judicial review panel determines the penalty (or a portion thereof) is not owed. The maximum civil penalty for a violation is Five Thousand Dollars ($5,000.00) per day. The notice of violation shall describe the violation with reasonable particularity, specify a permitted cure period within which the violation is to be corrected, and warn that failure to correct the violation within the prescribed cure period may result in the assessment of a civil penalty(ies) (or assessment of additional civil penalties, as the case may be) and other available enforcement action(s). Permitted cure periods for violations begin the day following the initial date such violation is first assessed. If, after the cure period has expired, the violator has not completed the prescribed corrective action, a civil penalty(ies) may be retroactively assessed on a daily basis, from and including the date the violation was assessed. Each day of continuing violation shall constitute a separate violation. No cure period for compliance need be given for any violation (including without limitation, a 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) prior to assessment of an initial civil penalty for the day the violation is detected, up to the maximum amount permitted per day. In determining the amount of the penalty, items which may be considered are the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator saved by non-compliance, whether the violation was committed willfully and the prior record of the violator in complying with or failing to comply with this Ordinance.