authorization provided for by the Land Development Ordinance, or any other ordinance as appropriate, for the land on which the violation occurs.
iii. Injunction, Abatements, Etc . The Stormwater Administrator, with the written authorization of the Town Manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this section in accordance with Article R Violations, Penalties & Legal Provisions of the Land Development Ordinance. Any person violating this section shall be subject to the full range of equitable remedies provided in the North Carolina General Statutes, in common law and the Land Development Ordinance. iv. Correction as Public Health Nuisance/Cost as Lien . If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina General Statutes §160A-193, the Stormwater Administrator, with the written authorization of the Town Manager, may cause the violation to be corrected and the cost to be assessed as a lien against the property. v. Stop Work Order . The Stormwater Administrator may issue a stop work order to the person(s) violating this section in accordance with Article R Violations, Penalties & Legal Provisions. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the Notice of Violation & Correction Order or has otherwise cured the violation or violations described 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 The stop work order may be withdrawn or modified to enable the person(s) to take the necessary remedial measures to cure such violation or violations.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.
Made with FlippingBook interactive PDF creator