Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 53 Effective Date: March 6, 2018 Supp. No. 5 have occurred and all measures necessary to abate the violations have been taken. C. Criminal Penalties 1. Any person who knowingly or willfully 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 an activity for which a stormwater 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, rule, regulation or order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved stormwater 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 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 under this Subsection shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO. E. Restoration 1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues an activity except in accordance with the terms, conditions and provisions of an approved stormwater control plan is required to restore the waters, land and vegetation affected by the violation so as to minimize detrimental effects. 2. The restoration plan shall first be approved by the City. 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. Work without a Permit $5,000 per day for failure to secure a valid required stormwater control permit and/or watercourse buffer permit prior to conducting any land- disturbing activity, any development or expansion, any placement of impervious surfaces or any new use or construction. 2. Failure to Follow Plan $3,000 per day for failure to conduct a land-disturbing activity, placement of impervious surfaces, development or expansion in accordance with the provisions of an approved stormwater control plan. 3. Failure to Maintain Stormwater Control Facilities $2,500 per day for failure to maintain stormwater control facilities. 4. Failure to File Inspections Report $2,500 per day for failure to file required inspection report. 5. Failure to Submit As-Built Plans $2,500 per day for failure to submit required as-built plans. 6. Failure to Certify $2,500 per day for failure to certify that installed stormwater measures and devices are in compliance with the Raleigh Stormwater Control and Watercourse Buffer Manual and City approved the stormwater control plan, including modifications thereto approved by the City. 7. Falsified Certification $3,000 for making a falsified certification. 8. Failure to Record $2,500 per day for failure to record or timely record with the local register of deeds required plats identifying stormwater control facilities or required maintenance covenants or required escrow agreements. Article 9.5. Watershed Protection Areas | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.5.5. Enforcement