§ 25-308. Enforcement.

(a)

Nonconformance notice. The city engineer's office may issue a nonconformance notice when construction or operation performed under local permit is found to not substantially conform to the approved permit design, the requirements of the City of Salisbury, or the requirements of NCDENR. The nonconformance notice shall identify the nature of the nonconformity and may identify a time frame for an appropriate response based on the nature and severity of the nonconformity.

(b)

Modification, suspension or revocation. The city engineer may modify, suspend or revoke any permit, with such action effective thirty (30) days subsequent to service of notice. Such modification, suspension or revocation shall be based on good cause, which includes, but is not limited to:

(1)

Obtaining a permit by misrepresentation or by withholding relevant data or facts;

(2)

Violation of a permit provision or failure to construct or operate the work in accordance with the permit, approved plans or technical specifications;

(3)

Failure to correct deficiencies identified through issuance of a nonconformance notice;

(4)

Failure to obtain other permits pertaining to the work;

(5)

Failure to comply with other rules, regulations, ordinances or statutes;

(6)

Failure to pay required fees;

(7)

Mistake in issuance of a permit;

(8)

Inadequate utility system capacity.

(c)

Stop work order. The city engineer may issue a "stop work" order to any group or entity that violates the provisions of this article or the terms, conditions or provisions of a permit issued under this article.

(1)

A stop work order may be issued immediately in the case of endangerment of persons, property, the water distribution system or sewer collection system, or the environment.

(2)

A stop work order may be issued in the event a nonconformance notice is not addressed in substantial compliance with the notice.

(3)

Failure to stop working upon issuance of a stop work order shall be subject to a five-hundred-dollar fine imposed by the city engineer. Each day of a continuing violation shall constitute a separate violation. This fine is established in accordance with NCGS 14-4.

(4)

A stop work order may also be enforced by any of the means provided by this article.

(d)

Civil citation. The city engineer may assess a civil citation in accordance with chapter 8.5 of the City Code.

(e)

Civil penalty. The city engineer may assess a civil penalty in accordance with NCGS 143-215.6(A), NCGS 143-215.6(B), or NCGS l60A-175 against any person who fails to file for or obtain a permit when required by this article to do so, or who violates or fails to comply with the terms, conditions and requirements of a permit issued under this article.

(1)

If any action or failure to act is continuous, each day the violation continues may be considered a separate violation.

(2)

Penalties shall be based on any one (1) or combination of the following factors related to the violation:

a.

The type, degree and extent of harm to persons, property or natural resources resulting from the violation;

b.

The effect on soils, ground or surface water quantity or quality, or the effect on air quality;

c.

The duration and magnitude of the violation;

d.

The cost to correct damages from the violation;

e.

Whether the intent of persons in the matter was willful or intentional;

f.

The cost savings to persons due to noncompliance in the case of willful violation.

g.

The prior record of the violator with regard to all environmental permit compliance including those programs administered through NCDENR;

h.

The cost to the City of Salisbury or other government agency for enforcement actions.

(3)

Service of documents under civil penalty. The city engineer shall issue a notice of violation and civil penalty to each person assessed a civil penalty. The notice may be served to the physical mailing address established under section 25-305 of this article. However, at the sole discretion of the city engineer, the notice may be served to an alternate address if the alternate address is believed to be more direct and effective than the physical mailing address on file.

a.

The notice shall include the civil assessment and the specific reasons the assessment was imposed.

b.

The specified civil penalty shall be due in full within forty-five (45) days of the date of issuance of the notice.

(4)

Procedure for remission of civil penalty. The city engineer may consider formal requests for remission of civil penalty imposed under subsection 25-308(e) in accordance with the following provisions:

a.

Formal requests for remission of civil penalties shall be accomplished by service on the city engineer.

b.

Formal requests for remission shall be submitted within thirty (30) days of the civil penalty issuance date.

c.

Formal remission requests shall be accompanied by a narrative statement of facts related to the events leading to the assessment, and detailing the cause for the formal request for remission.

d.

In determining if a remission request will be approved, the city engineer shall consider, along with any other relevant facts, the following factors:

1.

Whether the violation was inadvertent or the result of an accident or factors outside the control of the violator;

2.

Whether the violator promptly abated the condition, and made necessary repairs and corrections to mitigate the damage and to prevent further problems;

3.

Whether the violator has been assessed for any previous violation under the local permit program or under environmental programs administered by other agencies;

4.

Whether one (1) or more of the civil penalty assessment factors in this section was inadvertently or inappropriately applied to the harm of the violator;

5.

Whether payment of the civil penalty would prevent payment of costs for any further remediation or mitigation activities associated with the violation.

e.

The city engineer may remit the entire amount of the civil penalty only when the violator has not been assessed a civil penalty under any other local, state or federal general environmental permit program in the past two (2) years, and when the payment of the civil penalty for the violation under this article will prevent further remediation or mitigation of the problems caused by the violation.

(f)

Imminent hazards. The local health director shall have authority provided in NCGS 130A-20, as applicable to imminent hazards or danger.

(g)

Equitable relief; civil actions, remedies nonexclusive. The city engineer is authorized to seek all legal and equitable relief, including injunctive relief, to prevent violations of the terms of the permit or of this article. Violations of this article may also be subject to criminal sanctions as set out in NCGS 160A-175.

(1)

The city engineer is authorized to commence civil proceedings to collect civil penalties or seek equitable relief in any appropriate division of the general court of justice in any appropriate county.

(2)

To the extent allowed by law, the procedures and remedies of civil penalties and actions, including equitable relief, may be used in combination or individually.

(3)

The city engineer shall not commence any civil action to collect a civil penalty until the administrative review has been completed or until the time for requesting administrative review has passed with no such request made.

(Ord. No. 2011-34, 10-18-11)