Morrisville Unified Development Ordinance - April 2019

Article 10: Enforcement Section 10.4. Remedies and Penalties 10.4.3. Criminal Penalties

b. The land area subject to the penalty shall be equivalent to the land area that would have been located within the required tree protection area if it had been established. c. The civil penalty associated with damage to or removal of existing trees where a tree protection area is required but not established shall not exceed a maximum of $1,000,000 for any single occurrence. In addition to the imposition of civil penalties, replacement trees planted in accordance with the standards in Section 5.4.7, Mitigation for Tree Removal, shall be required. E. Other Violations Any person, firm, or corporation who violates the provisions of this Ordinance other than those in Article 6: Riparian Buffers or Article 7: Stormwater Management, shall be subject to civil penalties as follows: 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. Tree Replacement Required

Each day’s continuing violation shall be a separate and distinct offense.

F. Citation To impose a civil penalty, the Planning Director or Town Engineer, 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. Specify the amount of the civil penalty being imposed;

c. Direct the violator to, within 30 calendar days after the date the citation is received, pay the civil penalty to the Town or contest the citation by submitting a written request an administrative hearing; and d. Advise the violator of the right to appeal the citation to the Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal. If the violator requests an administrative hearing within the deadline set forth in the citation, the Planning Director or Town Engineer, as appropriate, shall schedule a hearing not less than seven days or 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 or Town Engineer, 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. If finding that the citation is warranted and the penalty amount is confirmed or reduced, the Planning Director or Town Engineer shall order the violator to pay the civil penalty to the Town. The Planning Director or Town Engineer, as appropriate, shall also advise the violator of the right to appeal the citation to the Board of Adjustment in accordance with Section 2.5.22, Administrative Appeal. If the violator fails to either pay the civil penalty or set at a subsequent administrative hearing, or has failed to appeal the citation in a timely manner and in accordance with Section 2.5.22, Administrative Appeal, the Town may institute a civil action in the nature of a debt in a court of competent jurisdiction to recover the civil penalty.

10.4.3. Criminal Penalties

A. Violations of Riparian Buffer Regulations Any person, firm, or corporation who negligently violates any provision in Article 6: Riparian Buffers, or order made pursuant to Article 6, shall, upon conviction, be guilty of a Class 2 misdemeanor and

April 23, 2019

Morrisville, NC

Page 10-6

Unified Development Ordinance