Civil penalties. Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, or who initiates or continues a land disturbing activity for which a plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty.
(A) Civil penalties for a violation. The maximum civil penalty amount that the Town may assess per violation is $5,000. A civil penalty may be assessed from the date of the violation. Each day of continuing violation shall constitute a separate violation.
(B) Civil penalty assessment factors. The Town shall determine the amount of the civil penalty based upon the following factors:
(1) The degree and extent of harm caused by the violation;
(2) The cost of rectifying the damage;
(3) The amount of money the violator saved by noncompliance;
(4) Whether the violation was committed willfully; and
(5) The prior record of the violator in complying or failing to comply with this chapter.
(C) Notice of civil penalty assessment. The Town shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of the assessment shall be served by any means authorized under G.S. § 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment within 30 days after receipt of the notice of assessment, by written demand for a hearing. An assessment that is not contested is due when the violator is served with the notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.
(D) Hearing. A hearing on a civil penalty shall be conducted by the Town Manager and Director of Public Services within 30 days after the date of the written demand for a hearing.
(E) Final decision. The Town Manager and Director of Public Services shall render their final decision on the civil penalty within 20 days following the hearing.
(F) Appeal of final decision. Appeal from the final decision of the Town shall be to the Superior Court of Moore County by proceedings in the nature of certiorari. The petition for the writ of certiorari must be filed with the Moore County Clerk of Court within 30 days after a written copy of the decision has been mailed to the person assessed.
(G) Collection. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the Town Attorney for institution of a civil action in the name of the Town in the appropriate division of the General Courts of Justice in Moore County for recovery of the penalty. A civil action must be filed within 3 years of the date the final decision was served on the violator.
(H) Credit of civil penalties. Civil penalties collected pursuant to this chapter shall be credited to the Civil Penalty and Forfeiture Fund, as directed by G.S. § 113A-64(a).
(1989 Code, § 154.99) (Ord. 1185, passed 6-14-2005; Am. Ord. 1953, passed 11-9-2021)