(A) Civil penalties.
(1) Any person who violates any of the provisions of the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, or who initiates or continues a land-disturbing activity for which an erosion and sedimentation control 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 is $5,000. The maximum civil penalty for a violation of a stop work order is $5,000. A civil penalty may be assessed from the date of the violation. Each day of continuing violation shall constitute a separate violation.
(2) The Kings Mountain Stormwater Department shall determine the amount of the civil penalty to be assessed under this division as set forth in the Guidelines for Assessing Civil Penalties for Violations of Kings Mountain's Soil Erosion and Sedimentation Control Ordinance. The Stormwater Division shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the Stormwater Division shall consider the degree and extent of harm caused by the damage, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this chapter. The notice of assessment shall be served by any means authorized under G.S. § 1 A-l, 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. A hearing on a civil penalty shall be conducted by the Environmental Review Board within 30 days after the date of the written demand for the hearing. The Environmental Review Board shall render its final decision on the civil penalty at the conclusion of the hearing. Appeal from the final decision of the Environmental Review Board shall be to the Superior Court of Cleveland County, North Carolina.
(3) If payment is not received within 30 days after demand for payment is made, the Environmental Review Board may institute a civil action to recover the amount of the assessment. The civil action may be brought in 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.
(4) Civil penalties collected pursuant to this chapter shall be credited to the Civil Penalty and Forfeiture Fund.
(B) Final certificate of occupancy with regard to the development of any tract that is subject to this chapter, the Code Enforcement Department shall not issue a certificate of occupancy where any of the following conditions exist:
(1) There is a violation of this chapter with respect to the tract.
(2) If there remains due and payable to Kings Mountain civil penalties that have been levied against the person conducting the land-disturbing activity for violation(s) of this chapter. If a penalty is under appeal, they may require the amount of the fine, and any other amount that the person would be required to pay under this chapter if the person loses the appeal, be placed in a refundable account for surety prior to issuing the certificate of occupancy.
(3) The requirements of the plan have not been completed and the building for which a certificate of occupancy is requested is the only building then under construction on the tract.
(4) On the tract which includes multiple buildings on a single parcel, the requirements of the plan have not been completed and the building for which a certificate of occupancy is requested is the last building then under construction on the tract.
(5) On a tract which includes multiple parcels created pursuant to the applicable subdivision regulations, the requirements of the plan have not been completed with respect to the parcel for which the certificate of occupancy is requested.
(6) Any person conducting land-disturbing activities that has been denied a certificate of occupancy under the provisions in this chapter may make a written appeal of the decision to the Environmental Review Board.
(C) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, or rule or order adopted or issued pursuant to this chapter, or who willfully initiates or continues a land-disturbing activity for which an erosion and sedimentation control 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.
(D) Stop work orders. Whenever a building, sign, or structure, or part thereof is being constructed, reconstructed, altered or repaired in violation of this chapter, the Enforcement Officer may order the work to be immediately stopped. The stop order shall be in writing and directed to the owner, occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with G.S. §§ 160A-421 or 153-361, as applicable, or the North Carolina Building Code.
(Ord. 13-34, passed 11-26-2013)