Civil Penalties for UDO Violations
Notice/Citation | Penalty |
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.
Penalties for Stormwater Violations
A property owner that fails to submit an Annual Stormwater Control Measure (SCM) Inspection Report before the end of the year in accordance to Chapter 12.5.6.C of this ordinance shall receive a notice of violation, allowing an additional 30 days to comply. If the SCM inspection has not been received 30 days after mailing the first letter, a second notice of violation will be mailed and a fine of $250 will be issued. For every 30 days the inspection letter is not corrected, an additional $500 will be fined to the owner. All fees are subject to the Stormwater Administrator's discretion based on severity of violation and scope of repairs. Property owners are encouraged to coordinate with the Town as soon as possible to avoid fines.
If a person violates any of the illicit discharge provisions stated in Chapter 12.5.8.B of this ordinance, a letter will be mailed to the owner, with a determined number of days to comply with the recommended action items. If the recommended items have not been completed within the set time or if there has been no contact from the owner, a second notice of violation will be mailed to the owner and a $250 fee will be issued until the issue is resolved. All fees are subject to the Stormwater Administrator's discretion based on severity of violation and scope of repairs.