(A) Prohibited acts absent permit. Absent a permit issued by the Clemmons Public Works Director or his or her designee:
(1) It shall be unlawful to block, fill, pipe, alter the grade of or obstruct any drainage way, swale, ditch or drainage device located within the public right-of-way in such manner as to impede or diminish the effectiveness of its intended use.
(2) It shall be unlawful to pipe or fill any existing drainage ditch along public ribbon-paved roadways, other than for permitted driveway access.
(3) It shall be unlawful for any person to connect a private drainage structure to a public drainage structure in the public right-of-way.
(B) Permit. The Clemmons Public Works Director, or his or her designee, in consultation with the Clemmons Stormwater Administrator, may authorize any of the above prohibited acts to be done upon the public right-of-way when it is made to appear that the action authorized, when taken, will not substantially impair roadway drainage, will not impair the structural integrity of public roads, and will not substantially diminish stormwater quality of quantity controls.
(C) Violations; penalties. The following enforcement procedures may be undertaken by the Stormwater Administrator, to enforce provisions of this section.
(1) Criminal penalties. Any person, firm, or corporation violating any provisions of this section shall be guilty of a Class 3 misdemeanor. Upon conviction thereof, such violator shall be subjected to a fine not to exceed $500, except that no such violation shall be punishable until the expiration of five days after notice shall have been issued by the Stormwater Administrator and served upon such violator. Each and every day beyond the initial five-day notice period during which such violation continues shall be deemed a separate offense.
(2) Civil penalties.
(a) Assessment of civil penalties. In addition to criminal penalties, any person, firm or corporation violating any provisions of this section shall be subject to a civil penalty of $100 to be recovered by the jurisdiction in a civil action in the nature of a debt. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation by the Stormwater Administrator. Failure to correct the violation within five days of the date of service of the notice, or the end of the period of any extension, will result in the assessment of a civil penalty or other enforcement action. For good cause determined by the Stormwater Administrator, the correction period may be extended by him or her. Each day of continuing violation shall constitute a separate violation.
(b) Referral to attorney. If payment is not received within 30 days after written demand for payment is made, the Stormwater Administrator may refer the matter to the jurisdiction’s attorney who is authorized to institute a civil action in the name of the jurisdiction in the appropriate division of the General Court of Justice for recovery of the penalty.
(3) Injunctive or other relief.
(a) Referral to attorney. In addition to other remedies provided by law, whenever the Stormwater Administrator has reasonable cause to believe that any person is violating or threatening to violate this section, the Stormwater Administrator may refer the matter to the jurisdiction’s attorney.
(b) Other appropriate action. The jurisdiction’s attorney, on behalf of the jurisdiction, may in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
(Ord. 2011-09, passed 10-10-11; Am. Ord. 2021-11, passed 6-28-21)