Civil Penalties for UDO Violations
Notice of Violation
No penalty if violation is corrected within 10 days of notice delivery, or an additional 30 days if an extension is granted in writing by the Administrator as provided herein.
First Citation (for uncorrected offense)
$25.00, Violation must be corrected within 10 days of first citation delivery or Second Citation will be issued.
Second Citation (for same offense)
$100.00, Violation must be corrected within 10 days of second citation delivery or Third Citation will be issued.
Third Citation (for same offense)
$250.00, Violation must be corrected within 10 days of third citation delivery or Fourth Citation will be issued.
Fourth and Subsequent Citations (for same offense)
$500.00 per day that the violation continues to exist
Penalties for Unlawful Grading, Filing & Construction Activities
- Any person who violates any of the erosion and sedimentation control provisions this ordinance and/or who initiates land-disturbing activity except in accordance with the terms, conditions and provisions of an approved erosion control plan, shall be subject to a civil penalty of not more than $500.00 except as otherwise set forth below.
- Any person who fails to submit an erosion control plan for approval in accordance with Chapter 12 of this ordinance shall be subject to a single, non-continuing civil penalty of not more than $100.00.
- Anyone who violates a stop work order issued by the Administrator shall be subject to a civil penalty of not more than $500.00.
Penalties for Landscaping & Maintenance Violations
- A base fine of $2.00 for every square foot of area of the Critical Root Zone occupied by the damaged or removed vegetation within any areas required to be protected under this section, including but not limited to: Tree Save Areas, riparian buffer zones, buffers, streetyards, vehicular use areas, and other landscape areas. The base fine shall not exceed a total of $20,000 per site. In determining the amount of the fine, the Administrator shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, and whether the violation was committed willfully. Payment of these fines shall be made to the Town at a time deemed appropriate by the Administrator.
- A base fine of $100 per tree for any tree excessively pruned shall be applied in addition to the replacement of plant material using the "inch for inch" standard as determined by the Administrator.
Penalties for Flood Damage Prevention Violations
- Violation of the provisions of the flood damage prevention provisions of this ordinance or failure to comply with any of their requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Wake Forest from taking such other lawful action as is necessary to prevent or remedy any violation.