(A) No building permit shall be issued for any site requiring land-disturbing activity unless a plan has been approved by the Town for the site of the activity or a tract of land including the site of the activity, pursuant to North Carolina General Statutes.
(B) The Erosion Control Inspector shall advise the Building Inspector to issue a stop work order if he or she finds that a land-disturbing activity is being conducted in violation of any rule adopted or order issued pursuant to this chapter, that the violation is knowing and willful, and that either:
(1) Off-site sedimentation has eliminated or severely degraded a use in a lake or natural watercourse or that the degradation is imminent;
(2) Off-site sedimentation has caused severe damage to adjacent land or that the damage is imminent; and/or
(3) The land-disturbing activity is being conducted without an approved plan.
(C) The stop work order shall be in writing and shall state what work is to be stopped and what measures are required to abate the violation. The order shall include a statement of findings made by the Erosion Control Inspector pursuant to this section, and shall list the conditions under which the work that has been stopped, by the order, may be resumed. The delivery of equipment and materials which does not contribute to the violation may continue while the stop work order is in effect.
(D) The stop work order shall be served by an official duly authorized by law to serve process as provided by G.S. § 1A-1, Rule 4, and shall be served on the person, at the site of the land-disturbing activity, who is in operational control of the land-disturbing activity. A copy of the stop work order shall be posted, by the authorized official, in a conspicuous place at the site of the land-disturbing activity, and a copy shall also be delivered to any person that the Town has reason to believe may be responsible for the violation.
(E) The stop work order provided for in G.S. § 113A-65.1 shall serve as the notice of violation for purposes of a civil penalty pursuant to G.S. § 113A-64(a)(1).
(F) The directives of the stop work order become effective upon service of the order. Any person who violates any directives set in the order shall be accessed a civil penalty as provided for in § 154.99(A).
(G) The Erosion Control Inspector shall advise the Building Inspector if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken. The Town Manager or the Director of Public Services shall, after notification from the Building Inspector, rescind a stop work order that is issued.
(H) A violator may request a hearing, by written demand, within 5 days after receipt of the stop work order. A hearing shall be conducted, as provided for in § 154.99(A)(4), by the Town Manager and the Director of Public Services within 30 days after the date of the written demand for a hearing. Appeals from the final decision of the Town shall be to the Superior Court of Moore County.
(1989 Code, § 154.19) (Ord. 1185, passed 6-14-2005)