F. Statements & Reports . The Town shall also have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land disturbing activity.
(2)
Penalties
A. Civil Penalties
i. Civil Penalty for a Violation . Any person who violates any of the provisions of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who initiates or continues a land disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, is subject to a civil penalty. The maximum civil penalty amount that the Town may assess per violation will be determined by the Adopted Fee Schedule for that fiscal year. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land-disturbing activity for which the erosion and sedimentation control plan is required is twenty-five thousand dollars ($25,000).
ii. Civil Penalty Assessment Factors . The Town shall determine the amount of the civil penalty based upon the following factors:
1. The degree and extent of harm caused by the violation.
2. The cost of rectifying the damage.
3. The amount of money the violator saved by noncompliance.
4. Whether the violation was committed willfully.
5. The prior record of the violator in complying of failing to comply with this Ordinance.
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