(A) Any person who is injured by a violation of the soil erosion and sedimentation control provisions in Section 14.4
of this Ordinance, or who is injured by the initiation or continuation of 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, may bring a civil action against the person alleged to be in violation. The action may seek:
(1) Injunctive relief;
(2) An order enforcing the regulation, order or erosion control plan which is being violated;
(3) Compensation for damages caused by the violation;
(4) Both damages and injunctive relief;
(5) Both damages and an enforcement order.
(B) If the amount of actual damages, as found by the court or jury in suits brought under this section, is five hundred dollars ($500.00) or less, then the plaintiff shall be awarded double the amount of actual damages. If the amount of actual damages, as found by the court or jury, is greater than five hundred dollars ($500.00), then the plaintiff shall receive damages in the amount so found.
(C) Civil actions brought under this section shall be brought in the Superior Court of Wake County. In issuing a final order in such an action, the court may award litigation costs to any party, including reasonable attorney fees and expert witness fees, whenever it determines that such an award is appropriate. Where the plaintiff seeks a temporary restraining order or preliminary injunction, the court may require the filing of a bond or other security as determined by the court in its discretion.
(D) Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek injunctive or other relief.
(Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2015-LDO-003, 7-23-15; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2022-LDO-03, 10-27-22)