MECKLENBURG COUNTY Land Use and Environmental Services Agency

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MECKLENBURG COUNTY
Land Use and Environmental Services Agency
CERITIED MAIL (RETURN RECEIPT REQUIRED)
Re:
Notice of Compliance/Penalty
Town of
Post-Construction Storm Water Ordinance
Case #
Permit #
Dear
:
Pursuant to the attached Notice of Violation (NOV), an inspection of the subject project was
made by the Mecklenburg County Water Quality Program (MCWQP) on
. The inspection
revealed that the actions required by the attached NOV have been completed, which brings the
site into compliance with the Town of
Post-Construction Storm Water Ordinance.
The attached NOV establishes
as the initial date of the violation. A subsequent inspection
found the site to be in compliance on
, resulting in a delinquent period of
days.
Please be advised that a civil penalty has been assessed against
in the amount of $
per day for
days for a total of $
for the aforementioned violation of the Town of
Post-Construction Storm Water Ordinance.
The undersigned, as Storm Water Administrator and acting by authority delegated by the Town
of
, has assessed this penalty pursuant to the Town of
Post-Construction Storm
Water Ordinance. In determining the amount of the penalty, the following aggravating &
mitigating factors have been taken into account.
 The effect and extent of harm, if any, of the violation:
;
 The degree and extent of the violation:
;
 Weather conditions during the violation and their effect on efforts to bring the site into
compliance:
;
 The amount of staff time employed to rectify the damage:
;
 Whether the violators saved money by noncompliance:
;
PEOPLE ● PRIDE ● PROGRESS ● PARTNERSHIP
700 N. Tryon Street ● Suite 205 ● Charlotte, NC 28202-2236 ● (704) 336-5500 ● FAX (704) 336-4391
http://stormwater.charmeck.org



Degree of cooperation and whether the violators took reasonable measures to bring the site
into compliance:
;
Whether the violation was committed willfully:
; and
The prior record of the violator in complying or failing to comply with the Ordinance:
.
Within thirty (30) days of receipt of this notice, you must:
1. Submit full payment of the assessed penalty in the form of a check payable to Mecklenburg
County; or
2. Submit a written request for a hearing before the Charlotte-Mecklenburg Storm Water
Advisory Committee (SWAC), including in your request a statement of the factual or legal
issues in dispute and a check payable to Mecklenburg County for a $100 filing fee. Be
advised that SWAC has the option of increasing or decreasing the assessed penalty. Relief
from an adverse determination by the SWAC is by appeal to the Superior Court of
Mecklenburg County.
Before requesting a hearing, if you wish to discuss any additional facts which should have been
considered by the Storm Water Administrator prior to assessment, or your inability to pay the
penalty, please contact
at 704.
Your payment or request for a hearing before the SWAC should be payable to Mecklenburg
County and should reference the Case Number from the first page of this letter. It should be
mailed to:
Storm Water Administrator
Mecklenburg County Water Quality Program
700 North Tryon Street
Charlotte, North Carolina 28202.
Please be aware that payment of the penalty shall not foreclose further enforcement action
against any other continuing or new violations.
Failure to exercise one of the aforementioned options shall result in the initiation of civil action
to collect the penalty. In addition, Mecklenburg County may seek an injunction to prevent
further activity at the site and/or criminal penalties against those persons responsible for the
violations of the Town of
Post-Construction Storm Water Ordinance.
Sincerely,
_________________________________
, Director
Land Use and Environmental Services Agency
Attachments: (Attachments)
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