(A) Authority to enter.
(1) Any city personnel or contractor, authorized by the Stormwater Administrator shall be permitted to enter upon public or private property for the purposes of observation, inspection, sampling, monitoring, testing, surveying and measuring for compliance. Should the owner or occupant of any property refuse to permit such reasonable access, the Stormwater Administrator or his or her designee shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor.
(2) No person shall obstruct, hamper or interfere with any such representative while carrying out his or her official duties. For the purpose of enforcing this chapter, the Stormwater Administrator or any employee so designated by him or her may at any time enter upon a property to inspect or repair any part of the stormwater system.
(B) Civil penalties.
(1) Any person who violates any of the provisions of this chapter, or rules or orders 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 for a violation of this chapter is $10,000 per violation per day. Each day of continuing violation shall constitute a separate violation. A person may also be assessed a one-time civil penalty of up to $10,000 for the day the violation is first detected
(2) In determining the amount of the penalty, the Stormwater Administrator shall consider:
(a) The degree and extent of harm to the environment, the public health, and public and private property;
(b) The cost of remedying the damage;
(c) The duration of the violation;
(d) Whether the violation was willful;
(e) The prior record of the person responsible for the violation in complying or failing to comply with this chapter;
(f) The costs of enforcement to the public; and
(g) The amount of money saved by the violator through his, her or its noncompliance.
(3) Civil penalties shall be assessed by the City Engineer or his or her designee. No penalty shall be assessed until the person alleged to be in violation is served written notice of the violation by registered mail, certified mail-return receipt requested, or personal service. Refusal to accept the notice shall not relieve the violator of the obligation to pay the penalty. The notice shall describe the violation with particularity and specify the measures needed to come into compliance. The notice shall designate the time within which the measures must be completed. In setting the time limit for compliance, the city shall take into consideration:
(a) The quantity and complexity of the work;
(b) The consequences of delay;
(c) The potential harm to the environment, the public health, and public and private property; and
(d) The cost of remedying the damage.
(4) The notice shall warn that failure to correct the violation within the specified time period may result in the assessment of additional civil penalty and/or other enforcement action. If after the allotted time period has expired, and the violation has not been corrected, the penalty shall be assessed from the date the violation was first detected and each day of continuing violation thereafter shall constitute a separate violation under this section.
(5) The Stormwater Administrator shall make written demand for payment upon the person in violation. If the payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the city, in the appropriate division of the general court of justice in Pitt County for recovering the penalty.
(C) Stop-work order. Whenever the City Engineer has a reasonable cause to believe that any person is violating or threatening to violate this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter or making a connection to a stormwater conveyance or stormwater conveyance system other than in accordance with the terms, conditions, and provisions of approval, the city may, either before or after the institution of any other action or proceeding authorized by the code issue a stop-work order. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a separate violation of this chapter subject to civil penalty.
(D) Injunctive relief.
(1) Whenever the City Engineer has a reasonable cause to believe that any person is violating or threatening to violate this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter or making a connection to a stormwater conveyance or stormwater conveyance system other than in accordance with the terms, conditions, and provisions of approval, the city may, either before or after the institution of any other action or proceeding authorized by the code, institute a civil action in the name of the city for injunctive relief to restrain and abate the violation or threatened violation.
(2) The institution of an action for injunctive relief under subsection (C) shall not relieve any party to such proceeding from any further civil or criminal penalty prescribed for violations of this Code.
(E) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, rule, regulation, order duly adopted or issued pursuant to this chapter shall be guilty of a misdemeanor, punishable by a fine not to exceed $500 or imprisonment for not longer than 30 days. Each violation shall be a separate offense.
(Ord. No. 24-021, § 1, passed 4-11-2024)