creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator.
(7) Nuisance . The owner of each engineered stormwater control, whether engineered stormwater control or non-engineered stormwater control, shall maintain it so as not to create or result in a nuisance condition.
(8) Private Stormwater Easement . Every SCM installed pursuant to this section shall be made accessible for adequate maintenance and repair by a private stormwater easement. The private stormwater easement shall provide access to the SCM by way of a public right-of- way. The easement shall be recorded, and its terms shall specify who may make use of the easement and for what purposes. The engineered stormwater control will be shown and labeled within the easement. The easement shall be granted in favor of the Stormwater Administrator. (9) Special Tax Districts . The Town of Fuquay-Varina reserves the right to use its authority, under Article 23 of the North Carolina General Statutes to establish a special tax district for the purposes of funding stormwater maintenance and compliance activities.
f.
Enforcement & Violations
(1)
General .
A. Authority to Enforce . The provisions of this section shall be enforced by the Stormwater Administrator or their designee, or any authorized agent of the Town of Fuquay-Varina. Whenever this section refers to the Stormwater Administrator, it includes their designee as well as any authorized agent of the Town of Fuquay-Varina. B. Violations are Unlawful . Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this section, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this section, is unlawful and shall constitute a violation of this section.
C. Each Day is a Separate Violation . Each day that a violation continues shall constitute a separate and distinct violation or offense.
D. Responsible Persons/Entities . Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, SCM, practice, or condition in violation of this section shall be subject to the remedies, penalties and/or enforcement actions in accordance with the
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