Any person who knowingly or willfully violates Section 14.4 of this Ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required other than in accordance with the terms, conditions and provisions of an approved erosion control plan, is subject to a civil penalty as provided in G.S. 113A-64, as amended, the provisions of which are incorporated herein by reference.
(A) Process
If the Director determines that a person engaged in a land-disturbing activity has failed to comply with Section 14.4, the Director shall serve a notice of violation upon that person. The notice may be served by any means authorized under G.S. 1A-1, Rule 4, and shall specify a date by which the person must come into compliance and shall inform the violator of the actions that need to be taken to comply. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties of a continuing violation. The Director 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. 1A-1, Rule 4 and shall direct the violator to either pay the assessment, contest the assessment within thirty (30) days by filing an appeal with the Zoning Board of Adjustment, or file a remission request with the Sedimentation Control Commission in compliance with the provisions of G.S. 113A-64.2 within 30 days of receipt of the notice of assessment. An assessment that is not contested is due when the violator is served with a notice of assessment. If a violator does not pay the penalty assessed within thirty (30) days after it is due the town may institute a civil action to recover the amount of the assessment. Civil penalties collected by the Town under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the Town may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by the Town for the prior fiscal year.
(B) Amount
The Director may assess civil penalties as provided in Table 11.4-1. Each day of a continuing violation shall constitute a separate violation which may be assessed from the date the notice of violation is served, except where specified as a one-time-only penalty. In determining the amount of the penalty, the Director shall consider the maximum penalty allowed per Table 11.4-1, as well as the following: the degree and extent of harm caused by the violation; the cost of rectifying the damage; the amount of money the violator saved by noncompliance; whether the violation was committed willfully; and the prior record of the violator in complying or failing to comply with Section 14.4.
TABLE 11.4-1 CIVIL PENALTIES FOR VIOLATION OF SEDIMENTATION AND EROSION CONTROL REQUIREMENTS OF SECTION 14.4 | ||
ACTION | DESCRIPTION | MAXIMUM PENALTY |
TABLE 11.4-1 CIVIL PENALTIES FOR VIOLATION OF SEDIMENTATION AND EROSION CONTROL REQUIREMENTS OF SECTION 14.4 | ||
ACTION | DESCRIPTION | MAXIMUM PENALTY |
Penalty for Willful Violation | One-time-only civil penalty for the day a willfull violation of the requirements of Section 14.4 is detected, based upon whether the violation has resulted in off-site sedimentation. | $5,000 |
Penalty for Violation of Stop Work Order | One-time civil penalty for violation of a stop-work order issued pursuant to the authority contained in G.S. 113A-65.1 | $5,000 |
Grading Without a Plan | Failure to secure a valid required grading permit prior to conducting a land disturbing activity | $5,000 per day |
Failure to Protect | Failure to take all reasonable measures to protect public property or private property from damage caused by failure to retain sediment on site. | $5,000 per day |
Failure to Follow Plan | Failure to conduct a land disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan. | $2,500 per day |
Failure to Install Devices | Failure, when twelve thousand (12,000) sq. ft. or more is disturbed, to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract(s) and prevent off-site sedimentation. | $5,000 per day |
Failure to Maintain Permanent and/or Temporary Measures | Failure to maintain adequate erosion control measures. | $2,500 per day |
Failure to Protect Exposed Slopes | Failure, within fifteen (15) calendar days of completion of any phase of grading, whichever period is shorter, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. | $2,500 per day |
Failures to Provide Adequate Cover | Failure on a tract where more than twelve thousand (12,000) sq. ft. is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within fifteen (15) working days or sixty (60) calendar days, whichever period is shorter, following completion of construction of development. | $2,500 per day |
Failure to Revise Plan | Failure to file an acceptable, revised erosion and sedimentation control plan within the established deadline after being notified of the need to do so | $2,500 per day |
Failure to Keep Dirt and Mud Off Public Streets | Failure to prevent the accumulation of more than an inch of dirt or mud on public streets, plus | $1,000 per day plus $1.00 per every six linear feet of street cleaned by the city, its employees, or its contractor. |
Failure to Maintain Slopes | Failure on cut, graded, of fill slopes to maintain an angle sufficient to prevent slump, creep or other slope failures. | $2,500 per day |
Any Other Action or Failure to Act That Constitutes a Violation of This Chapter | $2,500 per day | |