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Article 10 Erosion and Sedimentation Control
10-47 Civil Relief
Wake County Unified Development Code
10-29
making criteria of Sec. 10-30-4. Upon the issuance of a stop work order, the Director of Environmental
Services must require that all provisions of this article be met.
10-44
Road Cleaning
Any person or companies determined in violation of Sec. 10-23 will be charged for road cleaning at the
rate of $300 per hour for the first hour or part of hour and $200 per hour or part of hour thereafter until
work is competed as specified by the County’s authorized agent.
10-45
Criminal Penalties
Any person who knowingly or willfully violates or continues to violate any provision of this article
according to Sec. 10-40 is guilty of a class 2 misdemeanor which may include a fine not to exceed $5,000
per violation per day as provided in G.S. § 113A-64.
10-46
Injunctive Relief
10-46-1 Initiation
(A)
Whenever the Director of Environmental Services has reasonable cause to believe that a
person is violating or threatening to violate this article, a rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion and
sedimentation control plan, the Director may institute a civil action in the name of the
County for injunctive relief to restrain the violation or threatened violation.
(B)
The action must be brought in the Superior Court of Wake County, either before or after
the institution of any other action or proceeding authorized by the erosion and
sedimentation control regulations of this article,.
10-46-2 Court Action
(A)
Upon determination by a court that an alleged violation is occurring or is threatened, the
court must enter orders or judgments as are necessary to abate the violation, to ensure that
restoration is performed, or to prevent the threatened violation.
(B)
The institution of an action for injunctive relief under this section does not relieve any party
to the proceeding from any civil or criminal penalty prescribed for violations of the erosion
and sedimentation control regulations of this article.
10-47
Civil Relief
10-47-1
Any person injured by a violation of this article, or of any rule, regulation, or order duly
adopted by the Wake County Board of Commissioners, or by the initiation or continuation
of a land-disturbing activity for which an erosion and sedimentation control plan is required
other than in accordance with the terms, conditions, and provisions of an approved plan,
may bring a civil action against the person alleged to be in violation. The action may seek:
(A)
injunctive relief;
(B)
an order enforcing the erosion and sedimentation control regulations of this article or rule,
regulation, order or erosion and sedimentation control plan violated;
(C)
damages caused by the violation;
(D)
both damages and injunctive relief; or