Sec. 15.8. Riparian Buffer Protection Enforcement

15.8.1. Applicability

The City or County as appropriate shall conduct enforcement pursuant to this section, except where enforcement of an ordinance violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is reservedClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. to the State under this Ordinance and/or State law.

15.8.2. Violation

In accordance with paragraph 15.1.2, ViolationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., a violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. under this section occurs where a personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. fails to comply with any riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance, which are contained in Sec. 8.5, Riparian Buffer Protection Standards, Sec. 8.6, Water Supply Reservoir BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., Sec. 8.7, Watershed Protection Overlay Standards, Sec. 8.9, WetlandsClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. Protection Standards, Sec. 15.8, Riparian BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Protection Enforcement, and any rule, authorization, approval, or order adopted or issued pursuant to those sections.

15.8.3. Inspections

A. Agents or employees authorized by the City or County as appropriate may inspect riparian buffers, including reservoir and wetlandClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers, to ensure compliance with this Ordinance. Such authorized agents or employees shall have the power to conduct such investigations as they may reasonably deem necessary to carry out their duties, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of inspecting any riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or conducting a related investigation.

B. No personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. shall willfully resist, delay, or obstructClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. an authorized agent or employee while that personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is lawfully inspecting or attempting to inspect a riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. under this section, nor shall any personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. interfere with an authorized agent or employee while he or she is in the process of carrying out other official duties.

C. Notice of the right to inspect shall be included in any riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. approval.

15.8.4. Power to Require Statements

The City or County as appropriate shall have the power to require written statements, or the filing of reports under oath, with respect to riparian buffers.

15.8.5. Notice of Violation

If it is determined that a personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. has violatedClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance, a notice of violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall be issued and served upon that personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. pursuant to paragraph 15.2.1, Notice of ViolationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.. As stated therein, the notice shall include remedial measures, which may include revegetation, to be performed, and a deadline for compliance if immediate compliance is not required. The notice shall be an administrative determination subject to appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. under paragraph 15.8.7, AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision..

15.8.6. Civil Penalties

A. Penalties

Any personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. who violatesClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this Ordinance shall be subject to a civil penalty. The civil penalty for a violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. may be a maximum of ten thousand dollars ($10,000) per day. For a continuing violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., the civil penalty may be a maximum of twenty-five thousand dollars ($25,000) per day. Each day of a continuing violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. shall constitute a separate violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance..

B. Notice

The City or County as appropriate shall issue and serve notice of the civil penalty pursuant to paragraph 15.4.3, Notice, and shall also provide information on the basis for the penalty. The notice shall be an administrative determination subject to appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. under paragraph 15.8.7, AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision..

C. Payment

A civil penalty is due when the violatorClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. is served with notice of the civil penalty. If the penalty is not paid within 30 days of service, or, if appealedClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., within 30 days of the conclusion of any appealsClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision., the City or County as appropriate may institute a civil action to recover the penalty amount.

D. Use

Civil penalties collected pursuant to this section and used to defray the cost of enforcement or conduct any remediation related to the violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance.(s) shall be credited to the general fund of the City or County as appropriate as nontax revenue.

15.8.7. Appeal

AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from a notice of violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. issued under paragraph 15.8.5, Notice of ViolationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance., or a notice of civil penalty issued under paragraph 15.8.6, Civil Penalties, shall be to the Durham Board of Adjustment, which shall conduct a hearing and affirm, modify, or revoke the administrative determination. Notice of appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. must be submitted, and the appropriate fee paid, within 30 days of receipt of the notice of violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or notice of civil penalty as appropriate. If notice of appealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. is not submitted in a timely manner, the administrative determination shall be final. AppealClosed Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the Board of Adjustment decision shall be to Superior Court.

15.8.8. Injunctive Relief

Whenever there is reasonable cause to believe that any personClosed Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. is violatingClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. or may violateClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. the riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements of this Ordinance, the City or County as appropriate may, either before or after the institution of any other action or proceeding authorized by this section, institute an action for injunctive relief pursuant to paragraph 15.3.3, Injunctive Relief in Superior Court. The institution of such action shall not relieve any party to such proceedings from any penalties assessed or obligations otherwise imposed under this section.