§ 40-5. Violations; penalties.

(a)

Criminal penalty. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-7. Each day that the violation continues shall constitute a separate offense and shall not be a violation of G.S. 14-4.

(b)

Civil penalty; additional remedies. If any subdivision, development and/or land use is found to be in violation of this chapter, the council may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $100.00, and an action or proceedings to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. In addition, the state environmental management commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the violation continues shall constitute a separate offense.

(c)

Order to correct violation. If the watershed administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures, removal of illegal buildings or structures or of additions, alterations or structural changes thereto, or discontinuance of any illegal work being done, or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If a ruling of the watershed administrator is questioned, the aggrieved party may appeal such ruling to the watershed review board.

(Ord. No. 1993-19, §§ 155.004, 155.005, 6-29-1993; Ord. No. 2016-28, § 2, 6-7-2016)