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(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)
(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 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. A notice of assessment by the County shall direct the violator to either pay the assessment, contest the assessment within 30 days by filing a petition for hearing with the County planning director, or file a request with Johnston County planning director for remission of the assessment within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to G.S. Chapter 150B and a stipulation of the facts on which the assessment was based.
(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 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; Amend. of 12-13-2023)
(a) Violation of local program. Whenever the governing body of Johnston County has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by County, or any term, condition, or provision of an approved plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county in which the violation is occurring or is threatened.
(b) Abatement of violation. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this article.
(Ord. of 6-3-2013; Amend. of 12-13-2023)
The County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57 (3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this article.
(Ord. of 6-3-2013; Amend. of 12-13-2023)