(A) Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan as required by this chapter may be deemed a public health nuisance and may be restrained by injunction or otherwise abated in a manner prescribed by law. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter is subject to a civil penalty. The penalty shall not be less than $100 nor more than $1,000. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. If the violator does not pay a civil penalty assessed by the town within 30 days after it is due, the town may institute a civil action to recover the amount of the penalty assessed in the Superior Court of Brunswick County. An assessed penalty that is not contested is due when the violator is served with a notice of violation. An assessment that is contested is due at the conclusion of the administrative and/or judicial review of the assessment.
(B) Any violator may be required to restore the land disturbed by the violator to its undisturbed condition. In such cases, the town shall bring an action for mandatory and/or prohibitory injunction and order of abatement. Should the violator fail to restore the land in accordance with the court’s order of abatement, the town may execute the order of abatement and levy a lien upon the property restored.
(C) When the town determines that development activity is not being carried out in conformance with the requirements of this chapter, a stop work order and notice of violation shall be issued to the owner of the property. The notice of violation shall contain:
(1) The name and address of the owner or developer.
(2) The street address when available or a description of the building structure or land upon which the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the remedial actions necessary to bring the development into compliance with this chapter and a time schedule for completion of such remedial action.
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(6) A statement that the town’s determination may be appealed to the Board of Adjustment by filing a written notice of appeal with the town within 15 days of service of the notice of violation.
(D) The notice of violation shall be served upon the person to whom it is directed in any of, or any combination of, the following methods:
(1) By personal service upon the violator.
(2) By mailing a copy of the notice of violation by certified mail, postage prepaid, returned receipt requested to such person at his or her last known address. Notice shall be deemed to be received if no return is received within ten days of the date of such mailing.
(3) By posting a notice in a visible location upon the property where a violation is or was occurring. Notice of the violation shall be deemed to be received by the violator immediately upon such posting.
(E) A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Board of Adjustment.
(F) No action, inaction or election of remedy shall be construed as a waiver of the town’s right to enforce any part of this chapter by any and all remedies provided herein.
(Ord. passed 11-11-05)