Laserfiche WebLink
3?5 <br /> <br />5. Civil penalties collected by a local government under this <br /> subsection shall be credited to the general fund of the <br /> local government as non-tax revenue. <br />Criminal Penalties <br />Any Person who knowingly or willfully violates any provision of <br />this Ordinance, or rule, regulation or order adopted or issued <br />pursuant to this Ordinance, or who knowingly or willfully <br />initiates or continues a Land-Disturbing Activity for which a <br />Plan is required, except in accordance with the terms, <br />conditions, and provisions of an approved Plan, shall be guilty <br />of a Class 2 misdemeanor which may include a fine not to exceed <br />$5,0o0.00. <br /> <br />Section 21 - Injunctive Relief <br /> a. Whenever the County has reasonable cause to believe that any <br /> Person is violating or threatening to violate this Ordinance or <br /> any term, condition, or provision of an approved Plan, it may, <br /> either before or after the institution of any other action or <br /> proceeding authorized by this Ordinance, institute a civil action <br /> for injunctive relief to restrain the violation or threatened <br /> violation. The action shall be brought in the Superior Court of <br /> Cabarrus County. <br /> b. Upon determination by a court that an alleged violation is <br /> occurring or is threatened, the court shall enter any order of <br /> judgment that is necessary to abate the violation, to ensure that <br /> restoration is performed, or to prevent the threatened violation. <br /> The institution of an action for injunctive relief under this <br /> section shall not relieve any party to the proceedings from any <br /> civil or criminal penalty prescribed for violations of this <br /> Ordinance. <br /> <br />Section 22 - Stop-Work Orders <br /> a. The County may issue a stop-work order if it finds that a Land- <br /> Disturbing Activity is being conducted in violation of this <br /> Article or of any rule adopted or order issued pursuant to this <br /> Article, that the violation is knowing and willful, and that <br /> either: <br /> (1) Off-site Sedimentation has eliminated or severely degraded <br /> a use in a lake or natural watercourse or that such <br /> degradation is imminent. <br /> (2) Off-site Sedimentation has caused severe damage to adjacent <br /> land or that such damage is imminent. <br /> (3) The Land-Disturbing Activity is being conducted without an <br /> approved plan. <br /> b. The stop-work order shall be in writing and shall state what work <br /> is to be stopped and what measures are required to abate the <br /> violation. The order shall include a statement of the findings <br /> made by the County pursuant to subsection (a) of this section, <br /> and shall list the conditions under which work that has been <br /> stopped by the order may be resumed. The delivery of equipment <br /> and materials which does not contribute to the violation may <br /> continue while the stop-work order is in effect. A copy of this <br /> section shall be attached to the order. <br /> c. The stop-work order shall be served by the sheriff of the county <br /> in which the Land-Disturbing Activity is being conducted or by <br /> some other person duly authorized by law to serve process as <br /> provided by G.S. 1A-l, Rule 4, and shall be served on the Person <br /> at the site of the Land-Disturbing Activity who is in operational <br /> control of the Land-Disturbing Activity. The sheriff or other <br /> person duly authorized by law to serve process shall post a copy <br /> of the stop-work order in a conspicuous place at the site of the <br /> Land-Disturbing Activity. The County shall also deliver a copy <br /> of the stop-work order to any person that the County has reason <br /> to believe may be responsible for the violation. <br /> d. The directives of a stop-work order become effective upon service <br /> of the order. Thereafter, any Person notified of the stop-work <br /> order who violates any of the directives set out in the order may <br /> be assessed a civil penalty as provided in G.S. l13A-64(a). A <br /> stop-work order issued pursuant to this section may be issued for <br /> a period not to exceed three days. <br /> e. The County shall designate an employee of the County to monitor <br /> compliance with the stop-work order. The name of the employee so <br /> designated shall be included in the stop-work order. The <br /> employee so designated, or the County, shall rescind the stop- <br /> work order if all the violations for which the stop-work order <br /> are issued are corrected, no other violations have occurred, and <br /> <br /> <br />