(A) Civil penalties.
(1) Any person who violates any of the provisions of this subchapter, or rules or orders adopted or issued pursuant to this subchapter, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions and provisions of an approved plan, is subject to a civil penalty. The civil penalty for a violation, other than a violation of a stop-work order issued under G.S. § 113A-65.1, is $5,000.
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The civil penalty for a violation of a stop-work order is $5,000. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation as provided in § 154.227(C) of this subchapter. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date the violation is detected. 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. Each day of continuing violation shall constitute a separate violation. A person may be assessed a one-time civil penalty in the amount of $5,000 for the day the violation is first detected.
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(2) If payment is not received within 30 days after demand for payment is made, the town may institute a civil action to recover the amount of the penalty. The civil action may be brought in the Superior Court of the county where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions must be filed within three years of the date the penalty was due. A penalty that is not contested is due when the violator is served with a notice of penalty. A penalty that is contested is due at the conclusion of the administrative and judicial review of the penalty. In the event it is necessary for the town to file a civil action to collect the penalty, the violator shall pay the town for all court costs and attorney fees it incurs.
(3) Civil penalties collected pursuant to this subchapter shall be credited to the general fund of the local government as non-tax revenue.
(B) Criminal penalties. Any person who knowingly or willfully violates any provision of this subchapter, or rule or order adopted or issued pursuant to this subchapter, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.
(1989 Code, Title V, Ch. 51, Art. XVII, § 1718) (Ord. passed 11-14-1995; Ord. passed 12-14-1999; Ord. passed 2-8-2005; Ord. 2021-03, passed 6-8-2021)
Editor's note:
1 Amended February 8, 2005.
2 Amended December 14, 1999.