Standard Operating Procedure for Civil Penalties Print
Departments - County Engineer

Any person constructing and/or repairing artificial slopes who does not apply for a Land-Disturbing Permit from the Haywood County Erosion Control Program, or who constructs artificial slopes without an approved slope plan required by this chapter, or otherwise violates the provisions of the ordinance and subsequent rules shall be in violation of this chapter and subject to the following penalties:

(A) Civil penalties.  

(1) Any person who constructs artificial slopes without a Land-Disturbing Permit and/or approved slope plan, or violates any of the provisions or subsequent rules and orders of this chapter, shall be subject to a civil penalty of not more than $5,000 per day for the period in violation. 

This penalty may accrue according to the schedule in the County Engineer's written notice of violation to the person responsible for the violation.  The written notice will be by certified mail or other approved process as provided in G.S. 1A-1, Rule 4. 

The notice shall describe the violation, provide reasonable time frames for the required corrective action, and provide notice that failure to correct the violations within the specified schedule will result in specific civil penalties and other enforcement action. 

If the required corrective actions are not completed on schedule, the civil penalties may accrue from the date of written notice of the violation. 

If the county's authorized representative is interfered with or other wise hampered in carrying out his/her official duties, the civil penalties will be assessed immediately upon written notice of violation. 

(2) In determining the amount of the civil penalty, the County Engineer will considerthe potential hazard created to present and future residents by the improper practices, the cooperativeness of the responsible person, and the significance of current and potential on and off site damages and adverse effects. 

(3) Civil penalties for the following procedural violations will not exceed $50.00 per day: No approved plan (Section 158.13(A); failure to follow approved plan (Section 158.13(G) and (H); failure to secure a Land-Disturbing Permit prior to constructing an artificial slope (Section 158.08(D). 

(4) The responsible person may appeal the amount of any civil penalties to the Engineering Review Board.  Such appeal must be filed within 14 days of the County Engineer's initial written notice of violation.  This appeal shall not affect, limit or change the nature or schedule of any corrective action required by the County Engineer.