Land Development Ordinance - Amended 11-19-2024

VI. The assessed property tax valuation of the petitioner's property upon which the violation occurred, excluding the value of any structures located on the property.

3. The petitioner has the burden of providing information concerning the financial impact of a civil penalty on the petitioner and the burden of showing the petitioner's financial hardship.

4. The Town may remit the entire amount of the penalty only when the petitioner has not been assessed civil penalties for previous violations and payment of the civil penalty will prevent payment for necessary remedial actions. 5. Appeal of Final Decision. Appeal of the final decision of the governing body of the Town shall be to the Superior Court of Wake County. Such appeals must be made within 30 days of the final decision of the governing body of the Town. v. Collection . If payment is not received within 30 days after it is due, the Town may institute a civil action to recover the amount of the assessment. The civil action may be brought in to the Superior Court of Wake County, or the violator’s residence or principal pl ace of business is located. Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. vi. Credit of Civil Penalties . The clear proceeds of civil penalties collected by the Town under this Section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with North Carolina General Statutes §115C-457.2. Penalties collected by the Town may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by the Town for the prior fiscal year. B. Criminal Penalties . Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land disturbing activity for which a plan

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