§ 154.17 INSPECTIONS AND INVESTIGATIONS.
   (A)   Inspections. Agents, officials or other qualified persons authorized by the Town will periodically inspect the sites of land-disturbing activity to determine compliance with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, and to determine whether the activity is being conducted in accordance with an approved plan and 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 on the grading permit for each plan.
   (B)   Willful resistance, delay or obstruction. No person shall willfully resist, delay, or obstruct entry or access to any authorized representative, employee, or agent of the Town who requests entry for purposes of inspection, and who presents appropriate credentials, or while that person is in the process of carrying out his or her official duties.
   (C)   Notice of violation.
      (1)   If the Town 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-1, Rule 4.
      (2)   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.
   (D)   Investigation. The Town shall have the power to conduct the 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)   Statements and reports. The Town 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.
(1989 Code, § 154.17) (Ord. 1185, passed 6-14-2005)