§ 11. Compliance and Enforcement.

A.

Site Inspections.

1.

Agents, officials, or other qualified persons authorized by the City may periodically inspect riparian buffers to ensure compliance with this ordinance.

2.

Notice of the right to inspect shall be included in the letter of approval of each variance and buffer authorization.

3.

Authority to Enter Property and Conduct Investigations and Inspections. Authorized agents, officials or other qualified persons shall have the authority, upon presentation of proper credentials, to enter and inspect at reasonable times any property, public or private, for the purpose of investigating and inspecting the site of any riparian buffer. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the City, including the Stormwater Administrator, while that person is inspecting or attempting to inspect a riparian buffer nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. The Stormwater Administrator shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance.

4.

Notice of Violation.

a.

If it is determined that a person has failed to comply with the requirements of this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. 1A-1, rule 4. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil Procedure.

b.

The notice shall specify the violation and inform the person of the actions that need to be taken to comply with this Ordinance, or rules or orders adopted pursuant to this Ordinance. The notice shall direct the person to correct the violation within a specified reasonable time. The notice shall inform the person that any person who violates or fails to act in accordance with any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance is subject to the civil and criminal penalties and other enforcement actions as provided in this Ordinance.

5.

Power to Require Statements.

The City shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities.

B.

Civil Penalties.

1.

Assessment of Penalties.

Any person who violates or fails to act in accordance with any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance shall be subject to a civil penalty. A civil penalty for a violation may be assessed in an amount not to exceed ten thousand dollars ($10,000) per day. If any violation for which a penalty may be assessed is continuous, a civil penalty may be assessed for each day of the violation in an amount not to exceed twenty-five thousand dollars ($25,000) per day for as long as the violation occurs. Each day of a continuing violation shall constitute a separate violation under Section 11.(B)(1).

2.

Notice of Civil Penalty Assessment.

The Stormwater Administrator shall provide written notice of the civil penalty amount and the basis for the assessment to the person assessed. The notice of civil penalty assessment shall be served by any means authorized under G.S. 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within thirty (30) days after receipt of the notice of assessment by written demand for a hearing.

3.

Hearing.

A hearing on the civil penalty shall be conducted by the City Council within 45 days after the date the written demand for the hearing is received by the City.

4.

Final Decision.

The City Council shall issue a final decision on the civil penalty within 20 days of the recommended decision. A copy of the final decision shall be served on the violator by any means authorized under G.S. 1A-1, Rule 4.

5.

Appeal of Final Decision.

The decision of the City Council shall be subject to Superior Court review of the proceedings in the nature of certiorari. All Superior Court review of City Council decisions shall be performed by the Superior Court of Alamance County. Petition for review by the Superior Court of Alamance County shall be filed with the Clerk of Superior Court of Alamance County within 30 days after the latter of the following:

1.

The decision of the City Council is filed; or

2.

A written copy of the decision is delivered to any aggrieved party that has filed a written request for such copy with the City Council at the time of its hearing of the case.

6.

Demand for Payment of Penalty.

An assessment that is not contested is due when the violator is served with a notice of assessment. The civil penalty must be paid within 30 days or the assessment, if not appealed, or within 30 days after the conclusion of the administrative or judicial review of the assessment. If payment is not received within 30 days after demand for payment is made, the City may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions must be filed within three (3) years of the date the assessment was due.

7.

Use of Penalties.

Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of the City as nontax revenue.

C.

Criminal Penalties.

1.

Any person who negligently, knowingly or willingly violates any provision of this Ordinance or rule or order adopted pursuant to this Ordinance, shall be subject to the provisions of G.S. 14-4.

D.

Injunctive Relief.

1.

Civil Action in Superior Court.

Whenever the governing body of the City has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Alamance County.

2.

Order to Cease Violation.

Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance.

E.

Compliance with Requirements.

Any person engaged in new activities as defined by this Ordinance who fails to meet the requirements of this Ordinance shall be deemed in violation of this Ordinance.

(Ord. No. 2012-05, 2-21-12)