(a) Inspection. The erosion control officer or other qualified persons authorized by the town will periodically inspect land disturbing activities to ensure compliance with the Act and this section, 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 sediment resulting from land disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each erosion control plan.
(b) Willful resistance, delay or obstruction. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the town while that person is inspecting or attempting to inspect a land disturbing activity under this section.
(c) Notice of violation. If it is determined that a person engaged in land disturbing activity has failed to comply with the Act or this section, or rules, or orders adopted or issued pursuant to this article, a notice of violation shall be served upon that person. 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 section, or rules, or orders adopted pursuant thereto, and inform the person of the actions that need to be taken to comply with the Act or this section, or rules or orders adopted pursuant thereto. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this article.
(d) Investigation. The erosion control officer shall have the power to conduct such investigation as may reasonably be deemed necessary to carry out the duties prescribed in this section, 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 town 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.
(Code 1989, § 96.18; Ord. of 6-12-2007; Ord. of 5-8-2018)