§ 14.4. Penalties.

The following penalties may be used in the enforcement of this Ordinance:

A.

Civil penalties. If the owner or occupant of a property fails to comply with a notice of violation as described below, they shall be subject to a citation in the form of a fine.

B.

Final certificate of occupancy. With regard to a land-disturbing activity that is associated with the development of any tract that is subject to this Ordinance, the code enforcement department shall not issue a certificate of occupancy where any of the following conditions exist:

1.

There is a violation with respect to the tract.

2.

If there remains due and payable civil penalties to Iredell County that have been levied against the person conducting the land-disturbing activity for violation(s) of this Ordinance. If a penalty is under appeal, the Board of Adjustment may require the amount of the fine, and any other amount that the person would be required to pay to comply with this Ordinance if the person loses the appeal, to be placed in a refundable account or surety prior to issuing the certificate of occupancy.

3.

The requirements of the approved erosion and sedimentation control plan have not been completed and the building for which a certificate of occupancy is requested is the only building then under construction on the tract.

4.

On the tract which includes multiple buildings on a single parcel, the requirements of the plan have not been completed and the building for which a certificate of occupancy is requested is the last building then under construction on the tract.

5.

On a tract which includes multiple parcels created pursuant to the applicable subdivision regulations, the requirements of the plan have not been completed with respect to the parcel for which the certificate of occupancy is requested.

C.

Stop work orders and building permit abeyance. In the event of an illegal land-disturbing activity the administrator may order work on a project to be immediately stopped. This may be done in the form of a stop work order or by withholding building permits associated with the project in abeyance. The stop work order shall be in writing and directed to the owner, occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with N.C.G.S. 160A-421 or 153-361, as applicable, or the NC Building Code.

D.

Criminal penalties. Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which a plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) as provided in G.S. § 113A-64.

E.

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 G.S. 113A-57(3), to restore the waters and land affected by the failure so as 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.