(A) Agents, officials or other qualified persons authorized by the town will periodically inspect land-disturbing activities to ensure compliance with the Act, this subchapter or rules or orders adopted or issued pursuant to this subchapter, 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 erosion control plan.
(B) No person shall willfully resist, delay or obstruct an authorized representative, employee or agent of the town 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 land-disturbing activity has failed to comply with the Act, this subchapter or rules or orders adopted or issued pursuant to this subchapter, a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. § 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, or this subchapter or rules or orders adopted pursuant to this subchapter, and inform the person of the actions that need to be taken to comply with the Act, this subchapter, or rules or orders adopted pursuant to this subchapter. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his or her official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this subchapter.
(D) The Town of Beech Mountain shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this subchapter, 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.
(E) The Town of Beech Mountain 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.
(1989 Code, Title V, Ch. 51, Art. XVII, § 1717) (Ord. passed 11-14-1995; Ord. 2021-03, passed 6-8-2021)