(a) Civil penalties
(1) Civil penalty for a violation. Any person who violates any of the provisions of this article, or rule or order adopted or issued pursuant to this article, 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 County 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 County 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 or failing to comply with this article.
(3) Notice of civil penalty assessment. The Johnston County Stormwater and Environmental Manager 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. 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by written demand for a hearing.
(4) Hearing. A hearing on a civil penalty shall be conducted by the Johnston County Board of Adjustment in accordance with the Johnston County Code of Ordinance Section 14-594(b)(c).
(5) Final decision. The planning director shall notify the applicant of the board's decision in writing and shall file a copy of it with the County Planning Department and with the Johnston County Environmental and Stormwater Manager.
(6) Appeal of final decision. A decision of the board of adjustment on an application for appeal may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filed within 30 days of the filing decision in the office of the planning department.
(7) Collection. If payment is not received within 30 days after it is due, the County 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. Such 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.
(8) Credit of civil penalties. The clear proceeds of civil penalties collected by Johnston County under this subsection 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 article, or rule or order adopted or issued pursuant to this article, 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. of 6-3-2013)