BC 1997 09 15 - Laserfiche WebLink

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390 necessary forms within fifteen (15) days following the date the decision was filed in the County's Office and mailed to the applicant, whichever date is later. Such written request and completed forms shall be filed in the County's Office. Forms shall be available at the Development Services office. A fee for such public hearing shall be in accordance with a fee schedule adopted by the Board of Commissioners. No request shall be considered complete unless accompanied by such fee. Notice of the Commission's public hearing shall be sent by first class mail to the applicant at least ten (10) days prior to the public hearing and to any person who has submitted written request to receive such notice at least ten (10) days prior to the date of the public hearing. The hearing shall be held no later than thirty (30) days after the date of receipt of said written request. A hearing held pursuant to Subsection (1) shall be conducted by the Commission. A concurring vote per said agency's officially adopted bylaws will be necessary to reverse any order, requirement, decision, or determination of any official charged with the enforcement of this Ordinance, or to decide in favor of an appellant any matter upon which is required to pass or to grant variance from the provisions of this Ordinance. The County shall keep minutes of the Commission's proceedings, showing the votes of each member upon each questions and the attendance of each member at such hearings. The final disposition of the County shall be based on findings of fact. (NOTE: THE COMMISSION WILL NEED FINDINGS OF FACT IN ORDER TO TAKE ACTION). A party dissatisfied with the decision of the Commission following the public hearing, shall have fifteen (15) days from the date of said decision, to appeal such decision to the NCSCC pursuant to Title 15, Chapter 4B, Section .0018(b) of the North Carolina Administrative Code and as provided NCGS 133A-61(c). bo In the event that a Plan is disapproved pursuant to Section 17(g) of this Ordinance, the County staff shall notify the Director of the Division of Land Resources of such disapproval, along with the reasons therefore, within five (5) days after the date of the decision. The County shall advise the Director in writing as to the specific reasons that the Plan was disapproved. The applicant may appeal the County's disapproval of the Plan pursuant to Section 17(g) of this Ordinance directly to the Commission. Section 19 Inspections and Investigations a. Agents, officials, or other qualified persons authorized by the County, will periodically inspect land-disturbing activities to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each Plan. b. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the County, while that person is inspecting or attempting to inspect a land-disturbing activity under this section. c. If, it is determined that a person engaged in the land-disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that person. The notice shall be served by registered or certified mail or by any 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 or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance.