§ 18-91. Penalties.

(a)

Civil penalties.

(1)

Civil Penalty for a violation. Any person who violates any of the provisions of this chapter or rule or order adopted or issued pursuant to this chapter, or who initiates or continues a land-disturbing activity for which an erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan, is subject to a maximum civil penalty assessment of five thousand dollars ($5,000.00) per violation. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation.

(2)

Civil penalty assessment factors. Personnel of the Rowan County Planning and Development Department shall determine the amount of the civil penalty based on the following factors:

(a)

The degree and extent of harm caused by the violation,

(b)

The cost of rectifying the damage,

(c)

The amount of money the violator saved by noncompliance,

(d)

Whether the violation was committed willfully; and

(e)

The prior record of the violator in complying or failing to comply with this chapter.

(3)

Notice of civil penalty assessment. Rowan County shall provide written notice of the civil penalty amount and basis for assessment to the person assessed. The notice 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 thirty (30) days after receipt of the notice, by written petition for a hearing submitted to Rowan County within said 30-day period.

(4)

Assessment hearing. The board of adjustment shall conduct a hearing on a civil penalty within forty-five (45) days after written demand for the hearing. The board of adjustment shall make its recommendations to the board of commissioners within thirty (30) days after the date of the hearing.

(5)

Final decision. The board of commissioners shall render its final decision concerning the civil penalty within sixty (60) days of receiving the official record from the board of adjustment.

(6)

Appeal of final decision. An appeal of the final decision rendered by the board of commissioners shall be to the superior court of the county where the violation occurred, or the location of the violator's residence or principal place of business.

(7)

Collection. If payment is not received within thirty (30) days after it is due, Rowan County may institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of the county where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment.

(8)

Credit of civil penalties. Civil penalties collected pursuant to this chapter shall be credited to the civil penalty and forfeiture fund.

(b)

Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter, or rule or order adopted or issued pursuant to this ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be guilty of a Class 2 misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000.00) as provided in G.S. § 113A-64.

(Amend. of 7-7-08)

State law reference

Similar provisions, G.S. 113A-64.