Morrisville UDO - June 2017 version

Article 10: Enforcement

Section 10.4. Remedies and Penalties

10.4.3. Criminal Penalties

June 23, 2017

Morrisville, NC

Page 10-6

Unified Development Ordinance

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.

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.

Tree Replacement Required

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.

Other Violations

Any person, firm, or corporation who violates the provisions of this Ordinance other than those i

n Article 6: Riparian Buffers

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.

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

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:

Describe the violation;

Specify the amount of the civil penalty being imposed;

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

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

Violations of Riparian Buffer Regulations

Any person, firm, or corporation who negligently violates any provision i

n Article 6: Riparian Buffers,

or order made pursuant to Article 6, shall, upon conviction, be guilty of a Class 2 misdemeanor and