Enforcement 16.4 Remedies And Penalties
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1. A fine of $250.00 will be issued for failing to provide a SCM Inspection Report. For every 30 days that the Report is not provided, a fine of up to $25,000.00 will be issued subject to the Engineering Director’s discretion based on the severity of violation and scope of repairs. 2. A fine of up to $25,000.00 will be issued until the issue until an illicit discharge is resolved, subject to the Engineering Director’s discretion based on th e severity of violation and scope of repairs. Any person, firm, or corporation who violates any provisions in Section 12.7, Watercourse (Riparian) Buffer Areas, shall be in violation of this Ordinance and shall be subject to the following: a. For first time offenders, a civil penalty in the amount of $100.00 per day shall be assessed. b. Watercourse (Riparian) Buffer Area Violations 1.
E.
For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty, not to exceed $10,000.00 per violation for any continuing violation. c. Each day’s continuing violation shall be a separate and distinct offense. Other Violations Any person, firm, or corporation who violations the provisions of this Ordinance other than those listed above in Section 16.4.2, shall be subject to civil penalties as follows: 1. A civil penalty in the amount of $50.00 per violation for the first day and $100.00 per violation for any day thereafter in violation. 2. Each day’s continuing violation shall be a separate and distinct offense. G. Citation 1. F. To impose a civil penalty, the Planning Director, Engineer Director, or Building Official, as appropriate, shall first provide the violator a written citation, either by personal service or certified mail, return receipt requested. The citation shall: a. Describe the violation; b. Describe the action required to correct the violation; c. Specify the amount of the civil penalty being issued; d. Direct the violator to remit payment for the civil penalty within 30 days to the Town or contest the citation by submitting a written request for an administrative hearing as outlined in Section 16.4.2.G.2; and e. Advise the violator of the right to appeal the citation to the Board of Adjustment in accordance with Section 15.12, Appeals of Administrative Decisions. 2. If the violator requests an administrative hearing within the deadline set forth in the citation, the Planning Director, Engineering Director, or Building Official, as appropriate, shall schedule a hearing not less than seven days or no more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the hearing. At the conclusion of the hearing, the Planning Director, Engineering Director, of Building Official, as appropriate, shall make a final determination of (1) whether the citation is warranted, and (2) whether the penalty amount is appropriate or should be reduced or waived. If finding that the citation is warranted and the penalty amount is confirmed or reduced, the Planning Director, Engineer Director, or Building Official, as appropriate, shall order the violator to pay the civil penalty to the Town. The Planning Director, Engineering Director, or Building Official, as appropriate, shall
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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