is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 Misdemeanor which may include a fine not to exceed the amount in the Adopted Fee Schedule for that fiscal year as provided in North Carolina General Statutes §113A-64.
(3)
Injunctive Relief
A. Violation. Whenever the Town has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by the Town, or any term, condition, or provision of an approved plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the Town, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of Wake County. B. Abatement of Violation . Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this Section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. (4) Restoration After Noncompliance. The Town may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the activity, as required by North Carolina General Statutes §113A-57 (3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance.
(5) Severability. If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect.
g. Effective Date . The updates to this Ordinance are effective as of November 7, 2022.
Made with FlippingBook interactive PDF creator