§ 152.99 PENALTY.
   (A)   Civil penalties.
      (1)   Civil penalty for a violation. Any person who violates any of the provisions of this chapter, or rule or order adopted or issued pursuant to this chapter, or who initiates or continues a land-disturbing activity for which a plan is required except in accordance with the terms, conditions and provisions of an approved plan, is subject to a civil penalty. The maximum civil penalty amount that the town may assess per violation is $5,000. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation.
      (2)   Civil penalty assessment factors. The Town Manager or his or her designee shall determine the amount of the civil penalty based upon the following factors:
         (a)   The degree and extent of harm caused by the violation;
         (b)   The cost of rectifying the damage;
         (c)   The amount of money the violator saved by noncompliance;
         (d)   Whether the violation was committed willfully; and
         (e)   The prior record of the violator in complying of failing to comply with this chapter.
      (3)   Notice of civil penalty assessment. The Town Manager or his or her designee shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. § IA-1, Rule 4. A notice of assessment by the town shall direct the violator to either pay the assessment or contest the assessment within 30 days by filing a petition for hearing with the Town Manager. A hearing held pursuant to this section shall be conducted by the Town Manager within 30 days after the date of the appeal or request for a hearing. The Town Manager will render his or her decision within 15 days after the date of the hearing on the assessment.
         (a)   If the Town Manager upholds or modifies the assessment following the hearing, the person submitting the plan shall then be entitled to appeal the Town Manager’s decision to the Town Board of Adjustments if the person submits written demand for a public hearing within 15 days after receipt of written notice of the Town Manager’s decision. A hearing held pursuant to this section shall be conducted by the Board of Adjustments within 30 days after the date of the appeal or request for a hearing. The Board of Adjustments will render its decision within 15 days after the date of the hearing on the assessment.
         (b)   If the Board of Adjustments upholds or modifies the assessment, the person submitting the plan shall then be entitled to appeal the Board of Adjustments’ decision to the Town Council if the person submits written demand for a public hearing within 15 days after receipt of written notice of the Board of Adjustments’ decision. A hearing held pursuant to this section shall be conducted by the Town Council within 30 days after the date of the appeal or request for a hearing. The Town Council will render its decision within 15 days after the date of the hearing on the assessment.
         (c)   Appeal from the decision of the Town Council shall be to the Superior Court of the county where the violation occurred. The appeal must be made within 30 days of the decision of the Town Council.
      (4)   Collection. If payment is not received within 30 days after it is due, the town may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of the county where the violation occurred, or the violator’s residence or principal place of business is located. Those civil actions must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.
      (5)   Credit of civil penalties. The clear proceeds of civil penalties collected by the town under this division shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. § 115C-457.2.
   (B)   Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, or rule or order adopted or issued pursuant to this chapter, or who knowingly or willfully initiates or continues a land-disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000 as provided in G.S. § 113A-64.
(Ord. 2007-11, passed 10-16-2008; Am. Ord. 2015-01, passed 1-8-2015)