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Article 10 Erosion and Sedimentation Control
10-48 Restoration After Non-Compliance
Wake County Unified Development Code
10-30
(E)
both damages and enforcement order.
10-47-2
Civil action under this section may be brought in the Superior Court of Wake County. The
court, in issuing any final order in any action brought pursuant to this section may award
costs of litigation (including reasonable attorney and expert witness fees) to any party,
whenever it determines that such an award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, require the filing of a bond or
equivalent security with the amount of the bond or security to be determined by the court.
10-47-3
Nothing in this section restricts any right that any person (or class of persons) may have
under any statute or common law to seek injunctive or other relief.
10-48
Restoration After Non-Compliance
The County may require a person who engaged in a land-disturbing activity and failed to retain sediment
generated by the activity, as required by this article and G.S. 113A-57 (3), to restore the affected waters
and land to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is
in addition to any other civil or criminal penalty or injunctive relief authorized under this ordinance.
[Article 10 amended 11/19/2007 by OA 02-07]