(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 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 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) Notice of violation. If the county determines 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 be served upon that person. The notice may be served by any means authorized under G.S. § 1A-l, Rule 4. The notice shall specify a date by which the person must comply with the Act, or 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 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 chapter. If the person engaged in the land-disturbing activity has not received a previous notice of violation under this section, the county shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program on behalf of the approving authority, referral to a cooperative extension program, or by the provision of written materials such as Department guidance documents. The notice of violation may be served in the manner prescribed for service of process by G.S. § 1A-l, Rule 4, and shall include information on how to obtain assistance in developing corrective measures.
(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 chapter, and whoever presents appropriate credentials for this purpose may enter, at reasonable times, 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.
(F) Violation. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Any written complaint, stating fully the cause and basis thereof, shall be filed with the Soil and Water Department, which shall properly record the complaint, investigate and take action as provided by this chapter.
(G) Certificate of occupancy.
(1) With regard to the development of any tract that is subject to this chapter, the County Department of Development Services shall not issue a certificate of occupancy where any of the following conditions exist:
(a) There is a violation of this chapter with respect to the tract;
(b) If there remains due and payable to the county 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, the Erosion Control Specialist 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 or surety prior to issuing the certificate of occupancy;
(c) 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;
(d) 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; and/or
(e) 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.
(2) Notwithstanding the provisions of this division, the Building and Land Development Department may issue a temporary certificate of occupancy where division (G)(1)(c), (d), or (e) above apply, and where the person conducting the land-disturbing activity is making substantial progress towards completing the requirements of the plan.
(3) The county may issue a stop-work order and/or suspension of building permits if a land-disturbing activity is being conducted in violation of this chapter or of any rule adopted or order issued pursuant to this chapter.
(Ord. passed 1-22-2007; Ord. passed 12-18-2023)