(A) Inspection. Agents, officials, or other qualified persons authorized by the town, will periodically inspect land-disturbing activities to ensure compliance with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each plan.
(B) Willful resistance, delay, or obstruction. No person shall willfully resist, delay, or obstruct an authorized representative, employee or agent of the town, while that person is inspecting or attempting to inspect a land-disturbing activity under this section.
(C) Notice of violation. If the town determines that a person engaged in land-disturbing activity has failed to comply with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. §1A-1, Rule 4. The notice shall specify a date, by which the person must comply with the Act, or this chapter, or rules, or orders adopted pursuant to this chapter, and inform the person of the actions that need to be taken to comply with the Act, this chapter, or rules or orders adopted pursuant to this chapter. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. § 113A-64 and this chapter.
(D) Investigation. The town shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activity.
(E) Statements and reports. The town shall also have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity.
(F) Additional protective action. If through inspections the town determines that significant erosion and sedimentation is occurring as a result of land disturbing activity, despite application and maintenance of all protective practices required by the approved soil erosion and sedimentation control plan, the person conducting the land disturbing activity will be required to take additional protective action.
(Ord. 2007-11, passed 10-16-2008; Am. Ord. 2015-01, passed 1-8-2015) Penalty, see § 152.99