Sec. 9.4.9. Compliance with Plan Requirements

  1. Any person who fails to file a plan in accordance with this UDO or who undertakes a land-disturbing activity except in accordance with provisions of a plan approved under this UDO shall be deemed in violation of this UDO.
  2. If it is determined that any person who undertakes a land-disturbing activity has failed to comply with the provisions of this Article, any regulation, rule or order, duly adopted pursuant to this Article, a notice of violation shall be served upon that person or his appointed agent. The initial civil penalty shall be assessed from the date of the violation.
  3. The notice shall be served by registered mail, certified mail return receipt requested or by any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. The notice shall specify a date 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 consecutive 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 off-site sedimentation.
  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.
  6. If, after the allotted time period has expired, corrective action has not been completed, the additional penalties shall be assessed from the date of initial violation and each day of continuing violation thereafter shall constitute a separate violation under this section.
  7. The notice shall explain the type of enforcement procedures which may be issued for violations. If the person undertaking the land-disturbing activity fails to comply within the time specified, such person shall be in further violation of this UDO.