Unified Development Ordinance

Sec. 9.5.5. Enforcement

Sec. 9.5.5. Enforcement aaron.sheppard… Wed, 05/24/2023 - 09:19
  1. Civil Penalties
    1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues any activity for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.5.5.F.
    2. The penalties shall be assessed by the City. The initial civil penalty shall be assessed from the date of the violation. No penalty shall be assessed until the person alleged to be in violation is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
    3. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply.
    4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe runoff.
    5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation.
    6. The City shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1Aa, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due.
  2. Stop-Work
    1. A stop-work order may be issued if an activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either:
      1. The activity is being conducted without an approved plan, a permit or both;
      2. The violation endangers life, property or both or that such endangerment is imminent; and
      3. The activity is being conducted without installing all protective measures and devices in accordance with the approved stormwater control plan.
    2. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed.
    3. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violation have occurred and all measures necessary to abate the violations have been taken.
  3. Criminal Penalties
    1. Any person who knowingly or willfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues an activity for which a stormwater control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court.
  4. Injunctive Relief
    1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article, rule, regulation or order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved stormwater control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, institute a civil action to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Wake County.
    2. 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 Subsection shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO.
  5. Restoration
    1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues an activity except in accordance with the terms, conditions and provisions of an approved stormwater control plan is required to restore the waters, land and vegetation affected by the violation so as to minimize detrimental effects.
    2. The restoration plan shall first be approved by the City. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section.
  6. Specific Civil Penalties
    Civil penalties for specific violations of this Article shall be assessed as follows.
    1. Work without a Permit
      $5,000 per day for failure to secure a valid required stormwater control permit and/or watercourse buffer permit prior to conducting any land disturbing activity, any development or expansion, any placement of impervious surfaces or any new use or construction.
    2. Failure to Follow Plan
      $3,000 per day for failure to conduct a land-disturbing activity, placement of impervious surfaces, development or expansion in accordance with the provisions of an approved stormwater control plan.
    3. Failure to Maintain Stormwater Control Facilities
      $2,500 per day for failure to maintain stormwater control facilities.
    4. Failure to File Inspections Report
      $2,500 per day for failure to file required inspection report.
    5. Failure to Submit As-Built Plans
      $2,500 per day for failure to submit required as-built plans.
    6. Failure to Certify
      $2,500 per day for failure to certify that installed stormwater measures and devices are in compliance with the Raleigh Stormwater Management Design Manual and City approved the stormwater control plan, including modifications thereto approved by the City.
    7. Falsified Certification
      $3,000 for making a falsified certification.
    8. Failure to Record
      $2,500 per day for failure to record or timely record with the local register of deeds required plats identifying stormwater control facilities or required maintenance covenants or required escrow agreements.
    9. Failure to Revise Plan
      $2,500 per day for failure to file an acceptable, revised stormwater control plan within the established deadline after being notified of the need to do so.
    10. Failure to Correct a Violation
      $5,000 per day for failure to correct a violation within the time limitations established in a notice of violation.
    11. Failure to Obey a Stop-Work Order
      $5,000 per day for a violation of a stop-work order.
    12. Any other Action
      $2,500 per day for any other action or failure to act that constitutes a violation of the Article.
    13. Repeated Violation
      An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $5,000; this limitation shall be inapplicable to continuous violations.