Sec. 15.5, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Enforcement and Penalties, shall apply to enforcement provisions of this Ordinance and state statute or regulation governing sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control. Sec. 15.6, Floodplain and Flood Damage Protection Enforcements and Penalties, shall apply to enforcement of provisions of this Ordinance and state statute or regulation governing floodplain and flood damage protection. Sec. 15.8, Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Protection Enforcement, shall apply to enforcement of provisions of this Ordinance and state statute or regulation governing riparian buffers, including reservoir and wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers. The provisions of those sections, where applicable, shall supersede conflicting provisions of this Article.

A. It shall be unlawful and a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance to establish, create, expand, alter, occupy, or maintain any use, land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity, or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., including but not limited to signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and buildings, that violates The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to: special use permits, sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permits, certificates of compliance, variances A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., and conditions of such permits, variances A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., and plans.

B. It shall also be a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. to engage in any construction, land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity, or use, without all approvals and authorizations required by this Ordinance.

C. Each day of a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be considered a separate and distinct violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

A. General

Violators The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may include any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who owns, leases, occupies, manages, or builds any structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. or engages in any land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. activity in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance and any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who owns, leases, or occupies a use in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance. A violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be charged against more than one violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

Commentary:  The definition of violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and the ability to charge more than one violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. means that both tenant and landlord, where applicable, may be in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and subject to penalties.

B. Sedimentation and Erosion Control (Sec. 3.8, Sec. 12.10, Sec. 15.5)

The person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. responsible for violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control or Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, or Sec. 15.5, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Enforcement and Penalties, consistent with the provisions of NCGS § 113A-64 shall mean:

1. The developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or other person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who has, or holds himself out as having, financial or operation control over the land-disturbing activity; or

2. The landowner or person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. in possession or control of the land when he or she has directly or indirectly allowed the land-disturbing activity, has benefited from it, or has failed to comply with the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act), Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 15.5, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Enforcement and Penalties, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation..

The Planning and/or Inspections Director, and/or County Engineer, or appropriate designees, shall enforce this Ordinance and the remedies authorized under this section. The responsible individual shall have the authority to settle any violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. that involve the payment of money to the governing entity in exchange for a written release from actual or potential claims.

A. When a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is discovered, and is not remedied through informal means, written notice of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be given. This notice shall be delivered by:

1. Hand delivery or certified mail to the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.’s last known address; or

2. Certified mail or hand delivery to the property in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.; or

3. Posting the notice at the property in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

B. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused, but the regular mail is not returned by the post office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. within 10 days after mailing.

C. The notice shall include a description of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.. The notice shall also state the time period allowed, if any, to correct the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., which time period may vary depending on the nature of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and knowledge of the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

D. This notice shall be an administrative determination subject to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. as provided below.

E. A notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall not be required where a notice of the same violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has been issued to the same violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. at the same property within the previous two years. In such cases, the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be charged with a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. without further notice. A notice shall also not be required where action is taken under paragraph 15.3.5, Judicial Action to Collect Civil Penalty, or paragraph 15.3.6, Permit Denial or Conditions.

A. A violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. who has received a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the Director’s determination that a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has occurred to the Board of Adjustment by making a written request and paying the appropriate fee within 30 days of receipt of the notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

B. Citations that follow the original notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may not be appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. to the Board.

C. The Board shall hear the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. and may affirm, modify, or revoke the determination of a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. If there is no appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the Director’s determination of the nature and degree of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. are final.

If the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. does not comply with a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. which has not been appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., or with a final decision of the Board of Adjustment, the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be subject to enforcement action as prescribed in State law or by this Ordinance.

Enforcement may be by any one, all, or a combination of the remedies described below or in other sections of this Ordinance or otherwise authorized by common law or statute. Such statutes include but are not limited to NCGS § 153A-123, 160A-175, and 160D-404 and -807.

A violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall have several options available to come into compliance with this Ordinance, as listed below. During the efforts to correct the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., enforcement actions may be stayed.

A. Meet the Ordinance requirements cited in the Notice of Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or citation.

B. Where appropriate, obtain a zoning map change for the property to a district in which the activity would be permitted, in accordance with Sec. 3.5, Zoning Map Change. Failure to obtain the zoning map change shall mean that the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has not been corrected.

C. Where appropriate, request a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. to the provisions of this Ordinance, in accordance with Sec. 3.14, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.. Failure to obtain the variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. shall mean that the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has not been corrected.

D. Amend the text of this Ordinance to eliminate the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., in accordance with Sec. 3.19, Text Amendment. Failure to obtain the approval of the text change shall mean that the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has not been corrected.

A violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by NCGS § 160A-175 and NCGS § 153A-123. The governing entity shall have the authority to execute an order of abatement if the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. does not comply with such order, and the costs of execution shall be a lien on the property in the nature of a mechanic’s or materialman’s lien.

A civil action in the nature of debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Sec. 15.4, Penalties Other than Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Penalties.

Any permit, certificate, or other authorization that has been issued for property on which there is an uncorrected violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be withheld, or may be conditioned on the correction of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and/or payment of a civil penalty, and/or posting of a compliance security.

A. Any permit, certificate or other authorization may be revoked or voided upon a written determination by the Planning Director, the Inspections Director, or the County Engineer, or designees, that the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is substantial. The determination of such substantial violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be subject to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. as provided in paragraph 15.2.2, Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. to Board of Adjustment.

B. Any permit or certificate mistakenly issued in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of State law or local ordinance, or issued on the basis of misrepresentations by the applicant, owner Any person having charge of any real property according to the records held by the Register of Deeds., or owner Any person having charge of any real property according to the records held by the Register of Deeds.’s agent may be revoked or voided without such written determination as required above.

A. When the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. pertains to construction or alteration of a structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., a stop work order may be issued in accordance with NCGS § 160D-404 or the NC Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. Code. All zoning requirements pertaining to the location and siting of structures are considered local building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. laws for application of NCGS § 160D-404.

B. Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of an order relating to a local building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. law shall initially be to the Inspections Director or designee who shall conduct a hearing within 10 working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. of the issuance of the order. Further appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. may be made to the Board of Adjustment.

In addition to the other remedies provided in this Section, violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of Article 11, Sign Standards may be remedied through the following:

A. The Planning Director, or designee, may revoke the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. permit for a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. or sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., including violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of restrictions on sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. copy or the content of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. face, and may require that the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. copy or sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. face be removed, or that the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on which such copy or face appears be removed. Removal of a sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. shall not be required where the sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. could legally be constructed in accordance with the provisions of Article 11, Sign Standards, in effect at the time the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. occurs and where the owner Any person having charge of any real property according to the records held by the Register of Deeds. or operator of such sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. can demonstrate to the Planning Director’s, or designee, satisfaction that he or she had no knowledge concerning the requirements of Article 11, Sign Standards.

B. The Planning Director, or designee, may remove unpermitted signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., faces, and structures that are located in the public right of way, or on utility poles or structures within the public right of way, or signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign., faces, and structures for which no owner Any person having charge of any real property according to the records held by the Register of Deeds. can be located, or which present a danger to the public health or safety, or signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance.

C. Any repeated violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the same provision of Article 11, Sign Standards, by the same individual or corporation at an identical or different location may result in immediate action against the individual or corporation, and may be considered a subsequent violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. for the same offense, and each day a separate violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

The Planning Director, or designee, may issue one or more citations and impose one or more civil penalties for a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., as provided below. If the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. does not pay the civil penalty, the governing entity may collect it in court through a civil action in the nature of debt.

The Planning Director, or designee, may issue a citation and civil penalty for a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

Notice of the citation and civil penalty shall be given in the same manner as provided in paragraph 15.2.1, Notice of Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., above. The notice shall include a copy of the notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., the amount of the civil penalty, information about where to pay the civil penalty, the deadline for payment (which shall be 15 days from the date of receipt of the notice), and the possibility of civil enforcement.

The Planning Director, or designee, may impose a civil penalty of $500 per violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

A. The Planning Director or designee shall be authorized to determine the amount of payment of penalties that shall be accepted in full and final settlement of some or all of the claims the City or County may have in connection with the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. The Planning Director or designee shall indicate in writing the claims from which the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is released.

B. If the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has not been remedied, payment of penalties shall not release a violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. from a potential claim for injunctive relief and/or an order of abatement.

A. The Planning Director, or designee, may issue a citation for a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. that continues without being corrected.

B. The violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. in such cases may be assessed a civil penalty for each day of the continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

C. An initial citation for a single violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be issued before a citation for a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be issued. If the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has failed to pay the civil penalty and correct the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. after the initial citation, the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be subject to a citation for a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. with a daily civil penalty.

D. An initial citation shall not be required if the Planning Director, or designee, has previously issued a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. to the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. for the same violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. within the previous two years, or if the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has been specifically warned concerning the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

Commentary:  “Specifically warned concerning the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.” includes any previous violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. who has received a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or citation for the same violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. – whether or not at the current location.

E. The Planning Director, or designee, may give a single citation for a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. The citation shall contain a copy of the notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. and shall state the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is continuing, that a daily civil penalty of a specified amount is being imposed, and that the penalty shall be cumulative.

A. General

1. Any trees preserved on a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. in order to meet Ordinance requirements or otherwise indicated to be preserved shall meet the standards of paragraph 8.3.2, Protection of Existing Vegetation.

2. Damaging or destroying any tree preservation area that is indicated on any site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., or final plat The final map of all or a portion of a subdivision which is presented for final approval. shall constitute a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance.

B. Any new trees planted as part of required landscaping under Article 9, Landscaping and Buffering, shall be maintained and, if necessary, replaced with vegetation. Failure to maintain and/or replace said vegetation shall be subject to the provisions of this section.

C. Damage or destruction of preserved trees by an act of God An event, such as an earthquake or hurricane, that is caused by natural forces and cannot be prevented or foreseen. shall not be subject to the provisions of this section.

D. Applicability and Penalties

1. Where any tree with a diameter of eight inches dbh or greater in an area indicated on approved plans to be preserved is damaged, destroyed or removed, such violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be penalized as follows:

a. A fine in an amount equal to one and one-half times the monetary value of the trees damaged, destroyed or removed. For purposes of such determination the Planning Director, or designee, shall apply the most current standards of the Council of Tree and Landscape Appraisers or a similar method in common use; and

b. Trees shall be replaced by new trees of a similar species with at least a two and one-half inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. and a cumulative total caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. greater than the original tree.

2. Where tree preservation areas are damaged, destroyed or removed and no documentation exists about previous tree cover, such violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be penalized as follows:

a. A fine of up to $2.00 per square foot of disturbed area, not to exceed $40,000 per violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.; and

b. Replacement vegetation shall be provided in accordance with the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. landscaping standards of Article 9, Landscaping and Buffering.

E. Certificate of Compliance

Any fine shall be paid and required replacement trees planted before a Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. is issued. Enumeration of these civil penalties shall not be construed to prohibit the use of any other remedy authorized by ordinance or state law.

A. Inspection

Agents, officials, or other qualified persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. authorized by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee will periodically inspect land-disturbing activities to ensure compliance with the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., and to determine whether the measures required in the plan are effective in controlling erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each plan.

B. Willful Resistance, Delay or Obstruction

No person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall willfully resist, delay, or obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. an authorized representative, employee, or agent of Durham County, while that person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is inspecting or attempting to inspect a land-disturbing activity under this section.

C. Notice of Violation

If it is determined that a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. engaged in land-disturbing activity has failed to comply with the Act, this section, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be served upon that person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.. The notice may be served by any means authorized under NCGS § 1A-1, Rule 4. The notice shall inform the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. of the actions that need to be taken to comply and specify a date by which the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. must comply with the Act, this section, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, rules or orders adopted pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. and inform the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. of the actions that need to be taken to comply. If the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated. If the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. engaged in the land-disturbing activity has not received a previous notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. as specified in this section, the Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall offer assistance in developing Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. corrective measures. Assistance may be provided by referral to a technical assistance program or cooperative extension program, or by the provision of written documents such as Department of Environmental Quality or County Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. documents. The notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be served in the manner prescribed for service of process by NCGS § 1A-1, Rule 4, and shall include information on how to obtain assistance in developing Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. corrective measures.

D. Stop Work Order

The County may issue a stop work order for the site on which the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. has occurred.

a. Upon issuance of such an order and the posting of same on the site of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., all work on the site of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall cease, except those activities necessary to bring the site into compliance with this article.

b. Notice of the stop work order may be served by any means authorized under NCGS § 1A-1, Rule 4.

E. Investigation

The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, 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.

F. Statements and Reports

The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall also have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity.

A. The County Engineer or designee shall have the power to revoke land-disturbing permits issued pursuant to Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, and Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control. When the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee proposes to the County Engineer or designee that a land-disturbing permit be revoked, the Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall serve the permittee or other responsible person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. with a notice of intent to revoke specifying the time and date of a pre-termination hearing to be held before the County Engineer or designee. The notice shall be delivered at least three working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise., Monday through Friday, before the date specified for the pre-termination hearing.

Commentary:  County Engineer designee shall be a North Carolina Professional Engineer and employed outside the Durham County Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Division.

B. Should the County Engineer or designee determine that the land-disturbing permit should be revoked, he/she shall serve the permittee or other responsible person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. with a notice of revocation. Upon receipt of the notice of revocation, the responsible person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall immediately cause or order the cessation of all land-disturbing activities except those activities which are specifically directed towards bringing the site into a state of compliance.

C. The person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. responsible for the land-disturbing activity may appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the revocation of a land-disturbing permit to the Board of Commissioners by submitting a written demand to the Clerk to the Board of Commissioners for a hearing within 15 days after receipt of the written notice of revocation. The written demand must specify, in detail, the factual and/or legal basis for the appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision.. No grounds other than those so specified may be argued.

D. No person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall resume or continue any land-disturbing activity other than those necessary to bring the site into a state of compliance after receipt of a revocation notice and before reissuance of a land-disturbing permit or decision of the Board of Commissioners reinstating a land-disturbing permit. After the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee has inspected the site and approved the remedial work, the responsible party may reapply for a land-disturbing permit. The fee for reapplication shall be 100% of the current application fee.

A. Civil Penalty for a Violation

Any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who violates The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any of the provisions of the Act, this section, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, or rules or orders adopted or issued pursuant to those sections or the Act, or rule or order adopted or issued pursuant to this Ordinance, 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. The maximum civil penalty amount that the County may assess per violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is $5,000. A civil penalty may be assessed from the date of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. Each day of a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall constitute a separate violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. When the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. has not been assessed any civil penalty under this subsection for any previous violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., and that person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. abated continuing environmental damage resulting from the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. within 180 days from the date of the notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., the maximum cumulative total civil penalty assessed under this subsection for all violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. associated with the land-disturbing activity for which the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan is required is $25,000.

B. Civil Penalty Assessment Factors

The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall determine the amount of the civil penalty based upon the following factors:

1. The degree and extent of harm caused by the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.;

2. The cost of rectifying the damage;

3. The amount of money the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. saved by noncompliance;

4. Whether the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. was committed willfully; and

5. The prior record of the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. in complying or failing to comply with this Ordinance.

C. Notice of Civil Penalty Assessment

The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall provide notice of the civil penalty amount and basis for assessment to the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. assessed. The notice of assessment shall be served by any means authorized under NCGS 1A-1, Rule 4. A notice of assessment by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee shall direct the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. to either:

1. Pay the assessment;

2. File a request for remission of the assessment;

a. A request for remission of a civil penalty imposed under this section must be filed with the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission within 30 days of receipt of the notice of assessment,

b. Notification of a request for remission must also be filed with the County Engineer,

c. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to NCGS § 150B, Art. 3, and a stipulation of the facts on which the assessment was based; or

3. Contest the assessment within 30 days by filing a petition for a contested case under NCGS § 150B, Art. 3.

a. The administrative law judge hearing the matter shall make a recommended decision to the Board of Commissioners. If either party wishes to challenge the recommended decision, they must file with the Clerk to the Board of Commissioners, and serve on the other parties, and the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of Administrative Hearings, specific exceptions and objections, detailing the errors of fact or law they contend exist within the recommended decision, and other written argument they wish to submit, within 30 days after the issuance of same. Other parties shall file any response they wish to make to a submission of exceptions and objections within 30 days of service of same but may not use this subsequent filing to submit new, or additional, exceptions and objections of their own.

b. The recommended decision and any written submissions of the parties will be reviewed by the Board of Commissioners within 90 days after the official record in this matter is served upon the Clerk to the Board of Commissioners by the Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of Administrative Hearings. The Board of Commissioners shall adopt or modify the recommended decision consistent with the provisions of NCGS § 150B-36.

c. Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. of the decision of the Board of Commissioners shall be in accordance with NCGS § 150B, Art. 4.

D. Collection

If payment is not received within 60 days after it is due, Durham 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 The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. occurred, or where the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.’s residence or principal place of business is located. Such civil actions must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. 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.

E. Credit of Civil Penalties

The clear proceeds of civil penalties collected by Durham County under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by Durham County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of State Budget and Management on an annual basis, based upon the computation of actual collection costs by Durham County for the prior fiscal year.

Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of any provision of this Article shall result in forfeiture of any applicable security or portion thereof required under paragraph 3.8.3.

A. Whenever there is reasonable cause to believe that any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is violating The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or threatening to violate The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. the Act, this section, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, any rule or order adopted or issued pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation., the County Attorney may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action as provided in paragraph 15.3.3, Injunctive Relief in Superior Court, for injunctive relief to restrain the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or threatened violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. in superior court.

B. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil penalties assessed under this section.

C. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. without first obtaining a land-disturbing permit, but which are required by Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, to obtain a land-disturbing permit, shall be subject to a permit fee of 200% of the current applicable fee, in addition to any civil penalties assigned per paragraph 15.5.3, Civil Penalties.

D. Conveyance of the property subject to the permit, in whole or in part, shall not terminate the permit holder’s obligations under the Act, this section, Sec. 3.8, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, any rule or order adopted or issued pursuant to those sections or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. until such time as a substitute, or succeeding, permit is approved by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee.

The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee may require a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who engaged in a land-disturbing activity and failed to retain sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. generated by the activity, as required by NCGS § 113A-57(3) and Sec. 12.10, Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control, to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin.. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section or the Act.

A. Violations to be Corrected

When the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of applicable State and local laws, it shall be his or her duty to notify the owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. of the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. The owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant shall immediately remedy each of the violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of law pertaining to their property.

B. Actions in Event of Failure to Take Corrective Action

If the owner Any person having charge of any real property according to the records held by the Register of Deeds. of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property shall fail to take prompt corrective action, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall give the owner Any person having charge of any real property according to the records held by the Register of Deeds. written notice, by certified or registered mail to the owner Any person having charge of any real property according to the records held by the Register of Deeds.’s last known address or by personal Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. service, stating:

1. that the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the requirements of Sec. 8.4, Floodplain and Flood Damage Protection Standards;

2. that a hearing will be held before the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. at a designated place and time, not later than ten (10) days after the date of the notice, at which time the owner Any person having charge of any real property according to the records held by the Register of Deeds. shall be entitled to be heard in person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or by counsel and to present arguments and evidence pertaining to the matter; and

3. that following the hearing, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. may issue such order to alter, vacate, or demolish the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable.; or to remove fill as appears appropriate.

C. Order to Take Corrective Action

If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall find that the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of Sec. 8.4, Floodplain and Flood Damage Protection Standards, he or she shall make an order in writing to the owner Any person having charge of any real property according to the records held by the Register of Deeds., requiring the owner Any person having charge of any real property according to the records held by the Register of Deeds. to remedy the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. within a specified time period, not less than sixty (60) days. Where the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that there is imminent danger to life or other property, he may order that corrective action be taken in such lesser period as may be feasible.

D. Appeal

Any owner Any person having charge of any real property according to the records held by the Register of Deeds. who has received an order to take corrective action may appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. the order to the local elected governing body by giving notice of appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. in writing to the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the clerk within ten (10) days following issuance of the final order. In the absence of an appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the order of the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall be final. The local governing body shall hear an appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. within a reasonable time and may affirm, modify and affirm, or revoke the order.

E. Failure to Comply with Order

If the owner Any person having charge of any real property according to the records held by the Register of Deeds. of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property fails to comply with an order to take corrective action from which no appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. has been taken, or fails to comply with an order of the governing body following an appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the owner Any person having charge of any real property according to the records held by the Register of Deeds. shall be punishable pursuant to state and local law.

The following penalties may also be imposed:

A. Stop Work Order

In coordination with the Inspections Director, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, may order work on any site within a Special Flood Hazard Area to be immediately stopped whenever a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or part thereof is being constructed, reconstructed, altered, or repaired in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this ordinance. The stop work order shall be in writing and directed to the person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of a stop work order shall constitute a misdemeanor.

B. Revocation of Permits

In coordination with the Inspections Director, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, may revoke and require the return of a permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of an applicable State or local law may also be revoked.

C. Correction of Violations

The owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property notified of a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. by the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, shall immediately remedy each of the violations The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

D. Actions in the Event of Failure to Take Corrective Action

1. If the owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of any building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property notified of a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. fails to take corrective action, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., or designee, shall provide written notice consistent with the requirements of paragraph 15.2.1, Notice of Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., that the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the provisions of Sec. 8.4, Floodplain and Flood Damage Protection Standards.

2. The Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. shall schedule a hearing at a designated place and time, not later than ten days after the date of notice, at which time the owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property shall be entitled to be heard in person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or by counsel and to present arguments and evidence pertaining to the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

3. If, following the hearing, the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property is in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the provisions of Sec. 8.4, Floodplain and Flood Damage Protection Standards, he/she shall issue an order in writing to the owner Any person having charge of any real property according to the records held by the Register of Deeds. or occupant of the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or property to correct the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. by altering, vacating, or demolishing the building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or removing any fill, whichever is appropriate, within a period deemed reasonable by the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator.. Such period shall not be less than 60 days unless the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. finds that the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. results in imminent danger to life or other property, in which case a shorter period to correct the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be imposed.

A program of inspection and investigations to determine compliance with this Ordinance and orders, plans, permits, and authorizations issued under this Ordinance is hereby authorized. This program shall be conducted under the general authority of the Planning Director, or designee, and shall be carried out by zoning enforcement officers A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. designated by the Planning Director, or designee.

A. Inspections on private property to determine compliance may be made at any reasonable time with the consent of the occupant of the property, except that, on projects being developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, the Inspections Director, or designee (acting as the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator.) shall have authority to make as many inspections of the work as may be necessary to ensure that it is being done according to the requirements of this ordinance and the terms of the permit. In exercising this authority within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, the Inspections Director, or designee, shall have a right, upon presentation of credentials, to enter on any premises within the jurisdiction at any reasonable hour for the purposes of inspection and/or enforcement.

B. Inspections may also be made when an administrative search and inspection warrant has been issued pursuant to NCGS § 15-27.2 by a proper judicial official. To obtain a warrant, the enforcement officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. shall show through facts supplied in a sworn affidavit that either:

1. The inspection is being conducted A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed. as part of an administrative plan to inspect all properties of a certain type, and the determination of the properties to inspect was made in accordance with neutral criteria; or

2. That there is probable cause for believing that a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may exist.

The City or County as appropriate shall conduct enforcement pursuant to this section, except where enforcement of an ordinance violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. to the State under this Ordinance and/or State law.

In accordance with paragraph 15.1.2, Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. under this section occurs where a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. fails to comply with any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance, which are contained in Sec. 8.5, Riparian Buffer Protection Standards, Sec. 8.6, Water Supply Reservoir Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., Sec. 8.7, Watershed Protection Overlay Standards, Sec. 8.9, Wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. Protection Standards, Sec. 15.8, Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Protection Enforcement, and any rule, authorization, approval, or order adopted or issued pursuant to those sections.

A. Agents or employees authorized by the City or County as appropriate may inspect riparian buffers, including reservoir and wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers, to ensure compliance with this Ordinance. Such authorized agents or employees shall have the power to conduct such investigations as they may reasonably deem necessary to carry out their duties, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of inspecting any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or conducting a related investigation.

B. No person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall willfully resist, delay, or obstruct When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. an authorized agent or employee while that person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is lawfully inspecting or attempting to inspect a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. under this section, nor shall any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. interfere with an authorized agent or employee while he or she is in the process of carrying out other official duties.

C. Notice of the right to inspect shall be included in any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. approval.

The City or County as appropriate shall have the power to require written statements, or the filing of reports under oath, with respect to riparian buffers.

If it is determined that a person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. has violated The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance, a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be issued and served upon that person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. pursuant to paragraph 15.2.1, Notice of Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. As stated therein, the notice shall include remedial measures, which may include revegetation, to be performed, and a deadline for compliance if immediate compliance is not required. The notice shall be an administrative determination subject to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. under paragraph 15.8.7, Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision..

A. Penalties

Any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who violates The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance shall be subject to a civil penalty. The civil penalty for a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be a maximum of ten thousand dollars ($10,000) per day. For a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., the civil penalty may be a maximum of twenty-five thousand dollars ($25,000) per day. Each day of a continuing violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall constitute a separate violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

B. Notice

The City or County as appropriate shall issue and serve notice of the civil penalty pursuant to paragraph 15.4.3, Notice, and shall also provide information on the basis for the penalty. The notice shall be an administrative determination subject to appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. under paragraph 15.8.7, Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision..

C. Payment

A civil penalty is due when the violator The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is served with notice of the civil penalty. If the penalty is not paid within 30 days of service, or, if appealed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., within 30 days of the conclusion of any appeals Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the City or County as appropriate may institute a civil action to recover the penalty amount.

D. Use

Civil penalties collected pursuant to this section and used to defray the cost of enforcement or conduct any remediation related to the violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.(s) shall be credited to the general fund of the City or County as appropriate as nontax revenue.

Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from a notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. issued under paragraph 15.8.5, Notice of Violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., or a notice of civil penalty issued under paragraph 15.8.6, Civil Penalties, shall be to the Durham Board of Adjustment, which shall conduct a hearing and affirm, modify, or revoke the administrative determination. Notice of appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. must be submitted, and the appropriate fee paid, within 30 days of receipt of the notice of violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or notice of civil penalty as appropriate. If notice of appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. is not submitted in a timely manner, the administrative determination shall be final. Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the Board of Adjustment decision shall be to Superior Court.

Whenever there is reasonable cause to believe that any person Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is violating The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or may violate The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements of this Ordinance, the City or County as appropriate may, either before or after the institution of any other action or proceeding authorized by this section, institute an action for injunctive relief pursuant to paragraph 15.3.3, Injunctive Relief in Superior Court. The institution of such action shall not relieve any party to such proceedings from any penalties assessed or obligations otherwise imposed under this section.