§ 15-606. Penalties; enforcement.

(a)

If the environmental protection official or his agent determines that the boat ramp facility, or any structure constructed in conjunction therewith, has been constructed without prior approval or not in accordance with these regulations or the applicable zoning criteria, he shall promptly issue a written notice of violation to the offending person; provided, however, that the Orange County Planning Department shall issue a notice of violation when a boat ramp is in violation of the Orange County Conservation Ordinance [article X of this chapter]. The notice of violation shall include a description of the site where the violation has occurred, cite the provisions of these regulations, or other applicable laws, which have been violated, and set forth the required remedial action or actions to be taken as deemed reasonable and necessary by the county. Such remedial action may include restoration of damaged topography; revegetation of the site to comply with applicable local, state or federal laws or regulations; replacement of affected wildlife habitat; payment of all permit and inspection fees; revocation of an existing permit; mitigation; enhancement, or any other actions consistent with the intent of these regulations or other applicable laws (as they may be amended from time to time) in order to ameliorate the adverse impacts of unpermitted or improperly conducted activities.

(b)

Violation of these regulations or the conditions of any permit issued pursuant to these regulations shall constitute a violation of any special act, as amended, that may be applicable to the area in which the violation has occurred. The board may use any remedies and seek any penalties provided in such special acts, as amended, in addition to any remedies available in law or in equity.

(c)

Any person who shall violate the provisions of this article or any conditions imposed as a part of a permit issued pursuant to this article shall be subject, upon conviction in a court of competent jurisdiction, to a fine not exceeding the sum of five hundred dollars ($500.00), or imprisonment in the county jail for a term of up to sixty (60) days, or both. Each day during which, or any portion of which, a violation is committed shall constitute a separate offense and shall be punishable as provided herein.

(d)

No person shall, prior to issuance of a boat ramp facility permit by Orange County and the termination of all applicable appeal periods, advertise or represent the existence of a boat ramp, boat ramp facility or boat ramp facility site. Such violation shall be subject to prosecution by the Orange County Codes Enforcement Board in accordance with applicable regulations. Each day that the advertisement or representation is in effect shall constitute a separate violation. Provided, however, that no Code violation shall exist, if such representation or advertisement includes an express disclaimer that the proposed boat ramp facility site is contingent on county approval and compliance with all applicable laws and regulations. Such fine shall continue to run until written revocation of any such representations is made or, in the case of an advertisement, upon issuance of a corrective advertisement in substantially the same medium, to substantially the same audience, and with substantially the same frequency as the initial advertisement.

(Ord. No. 93-23, § 6, 9-7-93)