Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 40 Effective Date: March 6, 2018 Supp. No. 5 be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation. 7. The Revenue Collector of the City shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty; the Revenue Collector, for continuous violations, shall send within each 10 day period additional notices to the person in violation. 8. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice inWake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due. 9. Civil penalties collected pursuant to this provision shall be used or disbursed as directed by law. B. Stop-Work A stop-work order may be issued if a land-disturbing activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a soil erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either: 1. The land-disturbing activity is being conducted without an approved plan, a permit or both; 2. The violation endangers life, property or both or that such endangerment is imminent; and 3. The land-disturbing activity is being conducted without installing all protective measures in accordance with the approved soil erosion and sedimentation control plan. 4. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violations have occurred and all measures necessary to abate the violations have been taken. C. Criminal Penalties Any person who knowingly or wilfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues a land-disturbing activity for which an erosion control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court. D. Injunctive Relief 1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article or rule, regulation, order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved soil erosion and sedimentation control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, 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 ofWake County. 2. 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 shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO. E. Restoration Any person who undertakes a land-disturbing activity and who fails to retain sediment generated by the activity, as required by N.C. Gen. Stat. §113A-57(3), is required to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section. F. Specific Civil Penalties Civil penalties for specific violations of this Article shall be assessed as follows: 1. Grading without a permit. $5,000 per day for failure to secure a valid required grading permit prior to conducting a land-disturbing activity. CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.4. Erosion & Sedimentation Control Sec. 9.4.11. Enforcement