§ 15-368. Enforcement official; orders; restraint; penalties.

(a)

An administrative official, to be known as the environmental protection officer, and employed by the board of county commissioners, shall be vested with the authority to administer and enforce the provisions of this article and amendments hereto. The environmental protection officer is hereby authorized and directed to take any action authorized by chapter 15 and amendments thereto, to ensure compliance with or prevent violation of its provisions, and he shall have authority to issue administrative stay orders on such behalf. Administrative orders shall be served in a manner similar to the service of process or by registered mail "return receipt requested." Such order will be effective upon service or receipt.

(b)

Such administrative orders shall specify the provision or provisions of this article alleged to be violated and the facts alleged to constitute a violation thereof, and may order that necessary corrective or restorative action be taken within a reasonable time to be prescribed in such order. Any such order shall become final unless the person named therein requests (by written petition) a hearing before the board of county commissioners to be heard no later than fourteen (14) days after the date such order is served. Corrective or restorative action thereof may include, but not be limited to:

(1)

Restoration of the impacted area to its undamaged state. This restoration may require a larger area than was impacted to provide reasonable assurance that the restoration will compensate for temporary loss of habitat and function while the restoration area is in early succession.

(2)

Protection of other areas to compensate for the loss of habitat and functions.

(3)

Any combination thereof which is acceptable to the county.

(c)

The board of county commissioners may have the right to apply to the circuit court of the county to enjoin and restrain any person violating the provisions of chapter 15, article X, and rules and regulations adopted under this article, and the court may, upon proof of the violation of same, have the right to forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of same.

(d)

Any person violating any of the provisions of this article or who shall fail to abide by and obey all orders and resolutions promulgated as herein provided shall, upon conviction, be subject to the penalty provided in section 1-9. Each day that the violation continues shall constitute a separate violation.

(Code 1965, § 36B-63; Ord. No. 87-31, § 8.03, 7-27-87; Ord. No. 89-8, § 1(8.03), 7-3-89; Ord. No. 2008-01 , § 1, 2-5-08)