The remedies and penalties provided for violations of this subchapter, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(A) Remedies.
(1) Withholding of certificate of occupancy. The Stormwater Administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of subsequent permits and development approvals. As long as a violation of this subchapter continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the City of Roxboro may disapprove, any request for permit or development approval or authorization provided for by this subchapter or the zoning, subdivision, and/or building regulations, as appropriate for the land on which the violation occurs.
(3) Injunction, abatements and the like. The Stormwater Administrator, with the written authorization of the City of Roxboro City Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this subchapter. Any person violating this subchapter shall be subject to the full range of equitable remedies provided in the general statutes or at common law.
(4) Correction as public health nuisance, costs as lien and the like. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. § 160A-193, the Stormwater Administrator, with the written authorization of the City of Roxboro City Manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(5) Stop work order. The Stormwater Administrator may issue a stop work order to the person(s) violating this subchapter. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.
(B) Civil penalties. The Stormwater Administrator may assess a civil penalty against any person who violates any provision of this subchapter or of a permit or other requirement pursuant to this subchapter. Civil penalties may be assessed up to the full amount of penalty authorized by G.S. 143-215.6A.
(C) Criminal penalties. Violation of this subchapter may be enforced as a criminal matter under North Carolina law.
(Ord. passed 6-12-12)