(A) Agents, officials, or other qualified persons authorized by the city will periodically inspect land-disturbing activities to ensure compliance with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each erosion and sedimentation control plan. A list of authorized agents and officials shall be provided or listed at the Stormwater Division.
(B) No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the city while that person is inspecting or attempting to inspect a land-disturbing activity under this section.
(C) If, it is determined that a person engaged in land-disturbing activity has failed to comply with the Act, this chapter, or rules, or orders adopted or issued pursuant to this chapter, a notice of violation shall immediately be served upon that person.
(1) The notice may be served by any means under G.S. § 1A-1, Rule 4 or its successors.
(2) The notice shall specify a date, by which the person must comply with the Act, this chapter, or rules, or orders adopted pursuant to this chapter, and inform the person of the actions that need to be taken to comply with the Act, this chapter, or rules or orders adopted pursuant to this chapter. Any person who fails to comply in the time specified is subject to additional civil and criminal actions. Penalties for a continuing violation are provided in this chapter.
(D) The Stormwater Department shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this chapter, 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) The Stormwater Department shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity.
(Ord. 13-34, passed 11-26-2013)