Land Development Ordinance - Amended 9-2-2025

herein. The stop work order may be withdrawn or modified to enable the person(s) to take the necessary remedial measures to cure such violation or violations.

B. Civil Penalties . The Stormwater Administrator may assess a civil penalty against any person who violates any provision of this ordinance or of a permit or other requirement pursuant to this ordinance. Civil penalties may be assessed up to the full amount of penalty authorized by N.C.G.S. 143-215.6A. Violation of this section may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty in accordance with Article R Violations, Penalties & Legal Provisions after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of the penalty to which the Town of Fuquay-Varina is subject for violations of its Phase II Stormwater permit with the North Carolina Department of Environmental and Natural Resources. C. Criminal Penalties . Violation of this section may be enforced as a misdemeanor subject to the maximum fine permissible in accordance with Article R Violations, Penalties & Legal Provisions and under North Carolina law.

(3) Procedures . Where a complaint and/or violation has been identified in the following steps shall apply as the procedure to abate such complaint and/or violation:

A. Initiation/Complaint . Whenever a violation of this section occurs, or is alleged to have occurred, any person may file a signed and written complaint. Such complaint shall state fully the alleged violation and the basis thereof and shall be filed with the Stormwater Administrator who shall record the complaint. The complaint shall be investigated promptly by the Stormwater Administrator. B. Inspection . The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this section.

C. Notice of Violation & Order to Correct

i. Notice of Violation in Writing. When the Stormwater Administrator finds that any building, structure, or land is in violation of this section, the Stormwater Administrator shall notify, in writing, the property owner or other person violating this section in accordance with Article R Violations, Penalties & Legal Provisions. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring,

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