iii. Notice of Civil Penalty Assessment . The Town shall provide notice of the civil penalty amount and basis for assessment to the Person assessed. The notice of assessment shall be served by any means authorized under North Carolina General Statutes §1A-1, Rule 4. A notice of assessment by the Town shall direct the violator to either pay the assessment or contest the assessment within 30 days by filing a petition for hearing with the Town as directed by Article P Administrative Powers & Duties. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based.
iv. Appeals
1. Final Decision . The final decision shall be made by the governing body of the Town of Fuquay-Varina in accordance with Article P Administrative Powers & Duties. 2. A request for remission of a civil penalty imposed under G.S. 113A-64 may be filed with Town within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based. The following factors shall be considered in determining whether a civil penalty remission request will be approved:
I. Whether one (1) or more of the civil penalty assessment factors in North Carolina General Statutes §113A-64(a)(3) were wrongly applied to the detriment of the petitioner.
II. Whether the petitioner promptly abated continuing environmental damage resulting from the violation.
III. Whether the violation was inadvertent or a result of an accident.
IV. Whether the petitioner had been assessed civil penalties for any previous violations.
V. Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship.
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