(a) Inspection. Agents, officials, or other qualified persons authorized by the County will periodically inspect land-disturbing activities to ensure compliance with the Act, this article, or rules or orders adopted or issued pursuant to this article, 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 County while that person is inspecting or attempting to inspect a land-disturbing activity under this section.
(c) Compliance tools. If the County determines that a person engaged in land disturbing activity has failed to comply with the Act, this article, or rules, or orders adopted or issued pursuant to this ordinance, any or all of the following compliance tools may be used to gain compliance:
(1) Non-compliance inspection report.
(2) Notice of violation. A notice of violation shall be served upon that person engaging in the activity. 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 article, or rules, or orders adopted pursuant to this article, and inform the person of the actions that need to be taken to comply with the Act, this article, or rules or orders adopted pursuant to this article. 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 article.
(3) Withholding building permit inspections, permits, or certificates of occupancy until compliance is obtained; and/or
(4) Holding final plat signatures until compliance is obtained. Sites must be in compliance with this article prior to final plat approval.
(d) Investigation. The County shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this article, 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 County 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.
(Ord. of 6-3-2013; Amend. of 12-13-2023)