HomeMy WebLinkAboutAgenda - 05-18-1993 - VIII-C 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No Vxzr.4
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 18, 1993
SUBJECT: Solid Waste Ordinance
DEPARTMENT Public Works PUBLIC HEARING YES NO X
ATTACHMENT(S) INFORMATION CONTACT
Proposed . Ordinance Wilbert McAdoo/Beth Wickham,
ext 2625
TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
PURPOSE: To consider adoption of a proposed solid waste management
ordinance.
BACKGROUND: At the April 5 meeting of the Board of Commissioners,
County staff presented a first draft of a solid waste management
ordinance for Orange County that would replace a 1976 ordinance of
limited scope. The draft ordinance was based on a model solid waste
ordinance for North Carolina local governments that was developed by
staff at the Institute of Government.
The ordinance addresses the following problems: out-of-county waste;
prohibited wastes (tires, white goods, furniture, bulky wastes,
hazardous wastes) ; scavengers; theft of recycling materials; vandalism
at convenience centers; commercial use of solid waste containers;
trailer park use of containers; litter; roadside dumping; and open
dumps. violations of the ordinance are subject to enforcement by
either civil or criminal penalties, or both, to be determined on a
case-by-case basis. The Sheriff has met with the County Manager,
County Attorney, and staff to review the ordinance and has agreed on a
conceptual approach to enforcement that will be combined with a public
information effort to promote compliance with the ordinance.
At the April 20 meeting, the Board provided additional comments and
direction for preparation of a final draft of the ordinance to be
considered for adoption by the Board within the following month or so.
The Orange County Solid Waste Committee reviewed and discussed the
draft ordinance at their April 28 meeting. Their comments have
been incorporated where appropriate into the proposed ordinance.
RECOMMENDATION: The Manager recommends that the Board adopt
the ordinance.
Revised 5/10/93 2
• SOLID WASTE MANAGEMENT ORDINANCE
ORANGE COUNTY, NORTH CAROLINA 11 17
SECTION I . PURPOSE AND STATUTORY AUTHORITY
The purpose of this ordinance is to regulate the storage ,
collection , transportation, use , disposal and other disposition
of solid wastes in ORANGE COUNTY. This ordinance is adopted
pursuant to the authority contained in G.S . 153A-121 - 132 . 1 ,
-136 , -274 through -278 , and -291 through -293 , and 130A-309 . 09,
-309 . 09A, -309 . 09B, and -309 . 09D . Unless otherwise indicated,
this ordinance pertains to all solid waste activity in
unincorporated Orange County .
SECTION II . DEFINITIONS
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The following definitions apply in the interpretation and
enforcement of this ordinance .
A . BOARD: Board of Commissioners of Orange COuntg . .
B . BULKY WASTE: Large items of solid waste such as household
appliances , furniture, automobiles , large auto parts , trees , ,
branches , leaves, stumps , and other oversize wastes whose large
size precludes or complicates their handling by normal solid
waste collection, processing or disposal methods .
C. CLEAN WOOD WASTE: Clean wood waste, from construction or
demolition activity, that is not treated and free ofipaint.
D. COLLECTION: The act of removing solid waste for materials
that have been separated for the purpose of recycling ) to a
transfer station, processing facility, or disposal facility .
E . COMMERCIAL SOLID WASTE: Solid wastes generated by stores ,
offices , restaurants, warehouses , and other non-manufacturing
activities , excluding residential and industrial waste.
F . CONSTRUCTION AND DEMOLITION WASTE: Solid waste resulting
solely from construction, remodeling , repair, or demolition
operations on buildings, or other structures , but does not
include inert debris, land-clearing debris , yard debris , or
used asphalt, asphalt mixed with dirt, sand, gravel , rock,
concrete, or similar nonhazardous material .
G. DEPARTMENT: The Departmentbf ,Envireonmenti Health and Natural
Resources (DEHNR) .
H. GARBAGE: All putrescible solid waste, including animal offal
and carcasses , and recognizable industrial by-products , but
excluding sewage and human wastes .
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I . HAZARDOUS WASTES : Solid wastes, or a combination of solid
w use of its quantity, concentration or physical ,
clIllfrag 1„ tious characteristics may :
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( 1 ) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness ; or
( 2 ) Pose a substantial present or potential hazard to
human health or the environment when improperly
treated, stored,• transported, disposed of or otherwise
managed.
J. INDUSTRIAL SOLID WASTE : Solid wastes generated by industrial
processes and manufacturing .
K . INSTITUTIONAL SOLID WASTE: Solid wastes generated by
educational , health care , correctional , and other institutional
facilities .
L. LAND CLEARING DEBRIS : Solid waste that is generated solely
from land-clearing activities .
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M. LANDFILL: A disposal facility or part of a disposal facility
where waste is placed in or on land and that is not a land
treatment facility, a surface impoundment; an injection well , a
hazardous waste long-term storage facility or a surface storage •
facility .
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N . MEDICAL WASTE: Any solid waste that is generated in the
diagnosis , treatment , or immunization of human beings or animals ,
in research pertaining thereto, or in the production or testing
of biologicals , but does not include any hazardous waste,
radioactive waste, household waste as defined in 40 C . F .R.
261 . 4 ( b ) ( 1 ) , or those substances excluded from the definition of
"solid waste" in this ordinance . Sharps are:. considered medical
waste if they come from .a health care facility.
0. MUNICIPAL SOLID WASTE: Solid waste resulting from the
operation of residential , commerteiaa , industrial , governmental ,
or institutional establishments that would normally be collected,
processed, and disposed of through a public or private solid
waste management service . Municipal solid waste does not include
hazardous waste, sludge, or solid waste from mining or
agriculture .
P . MUNICIPAL SOLID WASTE MANAGEMENT FACILITY: Any publicly-or
privately-owned solid waste management facility permitted by the
Department of Environment , Health and Natural Resources that
receives municipal solid waste for processing , treatment , or
disposal .
Q . PATHOLOGICAL WASTE: Human tissues , organs , and body parts ,
and the carcasses and body parts of any animals that were known
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to have been exposed to pathogens that are potentially dangerous
to humans during research, were used in the production of
biologicals or in vivo testing of pharmaceuticals , or that died'
with a known or suspected disease transmissible to humans .
R. PERSON: Any individual , corporation, company, association,
partnership, corporation, unit of local government, state agency,
federal agency, or other legal entity .
S . PUTRESCIBLE : Solid waste capable of being decomposed by
microorganisms with sufficient rapidity as to cause nuisAnces;
from odors and gases , such as kitchen wastes , offal , and animal
carcasses .
T. PROCESSING: Any technique designed to change the physical ,
chemical , or biological character or composition of any solid
waste so as to render it safe for transport; amenable to
recovery, storage, or recycling; safe for disposal ; or reduced in
volume or concentration.
U . RADIOACTIVE WASTE: Waste containing any material , whether
solid, liquid, or gas, that emits ionizing radiation
spontaneously.
V. RECYCLING: The process by which solid waste or recovered
materials are collected, separated, or processed, and reused or
returned to use in the form of raw materials or products .
W. REFUSE: Solid wastes , excluding garbage and ashes , collected
from residences , commercial establishments, and institutions .
X. REGULATED MEDICAL WASTE: Blood and body fluids in individual
containers in volumes greater than 20 ml . , microbiological waste ,
and pathological waste that has not been treated pursuant to
rules promulgated by the Department of Environment, Health and
Natural Resources .
Y. RESOURCE RECOVERY: The process of obtaining material or
energy resources from discarded solid waste that no longer has
any useful life in its present form and preparing the solid waste
for recycling .
Z . SANITARY LANDFILL: A facility for disposal of solid waste on
land in a sanitary manner in accordance with the rules concerning
sanitary landfills adopted pursuant to G.S . Ch. 130A, article 9 .
• AA. SALVAGEABLE MATERIALS : Any materials deposited as refuse but
retaining enough of original qualities to be considered useful .
BB-. SCRAP TIRE : A tire that is no longer suitable for its
original , intended purpose because of wear, damage, or defect .
CC . SEPTAGE : Solid waste that is a fluid mixture of untreated
and partially treated sewage solids , liquids , and sludge of human
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or domestic origin that is removed from a septic tank system.
DD. SHARPS : Needles , syringes , and scalpel blades .
EE . SLUDGE : Any solid, semisolid, or liquid waste generated
from a municipal , commercial , institutional , or industrial , -
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, or any other waste having similar
characteristics and effects .
FF . SOLID WASTE: Any hazardous or non-hazardous garbage ,
refuse , sludge from a waste treatment plant , water supply
treatment plant , or air pollution control facility, domestic
sewage and sludges generated by the treatment thereof in
sanitary sewage collection, treatment and disposal systems:,
and other material that is either discarded or is being
accumulated, stored or treated prior to being discarded, or
has served its original intended use and is generally discarded,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial , institutional , commercial , and
agricultural operations , and from community activities . The term
does not include :
( 1 ) Fecal waste from fowls and animals other than humans;
( 2 ) solid or dissolved material in
( a) domestic sewage and sludges generated by the
treatment thereof in sanitary sewage collection ,
treatment, and disposal systems that are
designed to discharge effluents to the
surface waters ;
(b) irrigation return flows ; And ' . f 1
(c ) wastewater discharges and the sludges incidental
to and generated by the treatment which are
point sources subject to permits granted under
section 402 of the Clean Water Act, as amended
( P .L. 92-500 ) , and permits granted under G.S .
143-215 . 1 by the Environmental Managetnt
Commission . However , any sludges that meet the
criteria for hazardous waste under RCRA shall
also be a solid waste for purposes of this
definition;
( 3 ) oils and other liquid hydrocarbons controlled under
Article 21A of Chapter 143 , North Carolina General
Statutes . However, any oils or other liquid
hydrocarbons that meet the criteria for hazardous ...
waste under RCRA shall also be a solid waste for
the purposes of this definition; _
( 4 ) Any source , special nuclear or byproduct material as
defined by the Atomic Energy Act of 1954 , as amended
( 42 U .S .C . 2011 ) ;
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( 5 ) Mining refuse covered by the North Carolina Mining
Act , G.S . 74-46 through G.S . 74-68 , and regulated by
the North Carolina Mining Commission. However , any
specific mining waste that meets the criteria for
hazardous waste under RCRA shall also be a solid
waste for the purposes of this definition.
GG. SOLID WASTE COLLECTOR: Any person who collects , transports ,
or disposes of solid wastes for compensation, other than one who
removes refuse or solid waste from his own premises .
HH. SOLID WASTE DISPOSAL SITE: A location at which solid wastes
are disposed of by any approved method.
II . SOLID WASTE RECEPTACLE: Container used for the temporary
storage of solid waste while awaiting collection.
JJ. SOURCE SEPARATION: Setting aside recyclable materials at
their point of generation by the generator.
KK . TIRE: A continuous solid or pneumatic rubber covering
encircling the wheel of a motor vehicle as defined in G.S . 20-4 . 0
1 ( 23 ) .
LL. TRANSFER STATION: A site at which solid waste is
concentrated for transport to a processing facility or disposal
site. A transfer station may be fixed or mobile .
MM. USED OIL: Any oil that has been refined from crude oil or
synthetic oil and, as a result of use, storage, or handling, has
become unsuitable for its original purpose.
NN. WHITE GOODS: Inoperative and discarded refrigerators ,
ranges , water heaters , freezers , and other similar domestic and
commercial large appliances .
00. YARD TRASH: Solid waste consisting solely of vegetative
matter resulting from landscaping maintenance.
SECTION III . GENERAL CONDITIONS
All solid waste management in Orange County shall be in
accordance and in compliance with "Solid Waste Management Rules"
as set forth by the North Carolina Department of Environment,
Health and Natural Resources , Solid Waste Management Division,
Solid Waste Section, as amended through January 9, 1992 .
Definitions are taken from the "Solid Waste Management Rules" and
the U .S . Environmental Protection Agency' s "Guidelines for the
Storage and Collection of Residential , Commercial and
Institutional Solid Waste, " 40 C.F.R. 243 . 100 , and "Source
Separation for Materials Recovery Guidelines, " 40 C.F.R. 246 . 101 .
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MAY-12-1993 20:21 FROM ORANGE CTY PHR IC wKS TO ' tD414,304d4 1-.01
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SECTION IV. STORAGE AND DISPOSAL
A. No owner, occupant, tenant, er lessee of any property may
deposit, store, or permit to accumulate any solid wastes upon
his/her property outside of the dwelling unit, that is not stored
or disposed of in a manner that exemplifies good sanitation
practices.
B. The owner, occupant, tenant, or lessee of any property shall
remove or cause to be removed all solid wastes from his/her
property before harborage of such waste creates a health hazard.
C. Garbage shall be stored only in a container that is durable
and easily cleaned container. Each container shall be kept clean
so that no odor or other nuisance condition exists.
D. Refuse shall be stored in a manner that will resist harborage
to rodents and vermin and will not create a fire hazard.
Regulated refuse under this subsection includes, but is not
limited to, lumber, boxes, barrels, bottles, cans, tires, paper,
cardboard, rags, old furniture and other bulky waste, and white
goods.
E. No owner, occupant, tenant, or lessee of any building or
dwelling may leave outside the building or dwelling, in a place
accessible to children, any abandoned or unattended icebox,
refrigerator or other receptacle that has an air-tight door
without first removing the door (G.S. 14-318.1 ) .
F. Solid waste shall be disposed of only in a facility permitted
by the State of North Carolina.
G. In addition to the methods listed in subsection C, above,
refuse may be disposed of in solid waste receptacles provided by
the county.
H. No person may discard, dispose, leave, or dump any solid
waste on or along any street or highway or on public or private
property unless such solid waste is placed in a receptacle or at
a location designated for the deposit of solid waste.
I . Construction wastes may be disposed of at disposal sites
approved and permitted by the Department of Environment, Health
and Natural Resources.
J. Regulated medical , hazardous, and radioactive waste must be
disposed of according to written procedures approved by the
Department of Environment, Health and Natural Resources.
K. Any person collecting and transporting solid wastes generated
on such person' s property for disposal at an approved disposal
site shall comply with SECTIONS IX .F.1 and F.2 of this ordinance
concerning vehicles and containers.
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L. All sharps shall be placed in a sealed, puncture-proof
container prior to disposal .
SECTION V. SOLID WASTE CONVENIENCE CENTER
A. Solid waste receptacles are maintained at selected centers
throughout the county for the convenience of Orange County
residents . Use by out of county residents is prohibited . Solid
waste may be deposited in the solid waste receptacles only in
accordance with the provisions of this ordinance .
B. The following wastes may not be deposited in solid waste
receptacles or at solid waste convenience centers :
( 1 ) Asbestos;
( 2 ) Burning or smoldering materials, or any other
materials that would create a fire hazard;
( 3 ) Commercial waste;
( 4 ) Construction waste and demolition waste;
( 5 ) Hazardous waste.;
( 6 ) Industrial waste;
( 7 ) Institutional waste;
( 8 ) Liquid waste;
( 9 ) Radioactive waste;
( 10 ) Regulated medical waste;
( 11 ) Sludges ;
( 12 ) Barrels without both ends cut out;
( 13 ) Sharps not properly contained;
( 14 ) Animal parts or carcasses;
( 15 ) Land clearing debris ;
C . The following wastes may be accepted at solid waste
convenience centers when there is a specific area designated for
the collection of such items :
( 1 ) Lead-acid batteries;
( 2 ) Used oil with no other substances mixed in;
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( 3 ) White goods ;
( 4 ) Yard Waste;
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( 5 ) Furniture;
( 6 ) Tires
D . All solid waste intended for disposal in a solid waste
receptacle shall be deposited inside the container . No solid
waste may be left at the solid waste convenience center outside
the receptacle unless the site is staffed and it is considered by
the attendant to be salvageable . It then may be placed in the
area designated for salvageable materials .
E. Orange County residents may obtain a free landfill permit
from the Orange County Public Works Department for disposal of
bulky items , or those items that are not compatible with solid
waste containers . The permit allows for ten visits , over an
unlimited period of time, to the Orange County Landfill for
disposal of residential solid waste. Such waste may only be'
delivered to the Orange County Landfill in the following
vehicles :
a ) cars
b ) pick-up trucks
c ) trailers
F . Trailer park and apartment complexes with more than six ( 6 ) -
occupied units must make arrangements with a private hauler for
uniform garbage collection for those units .
G . No person may remove any item from a solid waste container ,
climb on or into a container, or damage any container .
H . No person shall vandalize any property associated with solid
waste convenience centers .
I . Solid waste collectors shall not use solid waste receptacles
at county solid waste convenience centers .
J . No person may trespass on property used for consolidated
solid waste convenience centers during non-operational hours .
K . No person shall loiter in or around convenience centers
during operational hours .
SECTION VI , SOURCE SEPARATION AND RECYCLING
A . Each person who owns, leases , or manages a residence,
residential unit , or place of business , industry, commerce, or
other place providing goods or services , or institution, church ,
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or school is encouraged to remove recyclable materials from the
solid waste generated as required in subsection B and make them
available for recycling as required in subsection C . Nothing in
this ordinance is intended to prevent any person from donating or
selling recyclable materials to any other person.
B. All recyclable material should be separated from other solid
waste and made available for recycling . Recyclable material
should not be mixed with or disposed of with other solid waste .
Recyclable material should consist of the following items
depending on availability of markets :
( 1 ) Glass - All brown, green and clear glass should be
rinsed .
( 2 ) Cans - Except for aluminum cans , all other metal cans
should be rinsed. All cans , including aluminum should
be flattened .
( 3 ) Plastic - All plastic containers must be rinsed and
flattened with caps removed . Other plastic may be
accepted as directed by the designated body in charge
of recycling .
( 4 ) Corrugated Cardboard and Brown Paper Bags - All boxes
and bags should be clean and dry. Boxes should be
flattened .
( 5 ) Newspapers - All newspapers should be clean and dry.
( 6 ) Motor Oil - Must be in closed containers . Oil must not
be mixed with other substances .
C . All recyclable materials brought to the recycling drop-off
sites shall be placed in recycling collection containers provided
by the designated body in charge of recycling .
D. Ownership of recyclable materials
( 1 ) After recyclable material has been placed in a
designated container at a convenience center,
the recyclable material shall become the property of
the designated body in charge of recycling .
( 2 ) No person, other than an employee or representative of
the designated body in charge of recycling, may remove
recyclable material from a recycling collection
center .
SECTION VII . RESIDENTIAL BACKYARD COMPOSTING
Backyard composting is considered a preferred means of waste
reduction in the residential community . Residents are urged to
separate compostable materials from their waste streams for
composting .
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SECTION VIII . FLOW CONTROL
A . The existing Orange County Landfill , as well as any successor
thereto, shall be designated to accept solid waste generated
exclusively by residents , businesses , and other institutions
located in Orange County and that portion of the Town of Chapel
Hill located within Durham County.
B . No person, except licensed private collectors and county or
municipal collectors , shall collect or remove any solid waste
within the county for disposal .
SECTION IX LICENSING OF SOLID WASTE COLLECTORS
A . No person shall engage in business as a solid waste collector
except under a license issued by ORANGE COUNTY pursuant to this
ordinance .
B . Applications for licenses to engage in the business of solid
waste collector shall be filed with the Public Works Department
on forms furnished by Orange County. The applicant shall furnish
the following information :
1 . Name and address of the applicant and whether a sole
proprietorship, corporation, or partnership, with disclosure of
the ownership interests;
2 . A list of the equipment possessed', available, or to be
obtained by the applicant , including motor vehicle license tag
numbers;
3 . Number of employees the applicant expects to use in
the business;
4 . Experience of the applicant in solid waste collection;
5 . Planned routes and areas of the county the applicant
expects to serve;
6 . Liability insurance coverage;
7 . Name and location of facility where collected waste is
to be disposed of .
8 . Proof of availability of recycling service with
recycling for at least three items .
C . Before issuing a license 'pursuant: to this sectionr- the Public
Works Department shall inspect or cause to be inspected all
facilities and equipment the applicant plans to use in the solid
waste collection business .
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D. 1 . The Public Works Department may issue the applicant a
license only when it is found that the applicant ' s facilities ,
equipment, and proposed operating methods are in compliance with
this ordinance and the applicable rules of the Department and
that the applicant will perform waste collection in an efficient
and sanitary manner. A condition of the license shall be that
the licensee shall serve every person in such a manner that the
licensee does not cause the person to be in violation of this
ordinance .
• 2 . If the Public Works Department denies an applicant a
license , the applicant may request a hearing before the Public
Works Director . The Public Works Director shall keep summary
minutes of the hearing and within one week after the hearing
shall give the applicant written notice of the decision either
granting the license or affirming the denial of the license . The
applicant may appeal the Public Works Director ' s decision to the
Board of County Commissioners by giving written notice of appeal
to the County Manager within five ( 5 ) working days of receipt of
the Public Works Director ' s decision following the hearing .
After a hearing on the appeal , the Board shall either affirm the
denial or direct the Public Works Department to issue the
license .
3 . A license shall be valid for a period of one year from
the date of issuance.
E . A licensee shall submit an annual report to the Public Works
Department containing the following information:
1 . Total number of customers;
2 . Number of customers added or deleted since last report;
3 . Changes in routes;
4 . New and replacement equipment;
5 . Total amount of solid waste and recyclables collected .
F . 1 . Vehicles and containers used for the collection and
transportation of solid wastes shall be covered, leakproof ,
durable, and easily cleaned . They shall be cleaned as often as
necessary to prevent a nuisance and insect breeding and shall be
maintained in good repair. Vehicles shall display in numbers at
least three ( 3 ) inches high the county license number of the
licensee and the license sticker issued by the Public Works
Department .
2 . Vehicles and containers used for the collection and
transportation of solid wastes shall be loaded and moved in such
a manner that the contents will not fall , leak, or spill , and
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, shall be covered to prevent the blowing of material . If spillage
or leakage should occur , the material shall be recovered
immediately by the licensee and returned to the vehicle or
container , and the area properly cleaned .
G. When the Public Works Department finds that a licensee has
violated this ordinance or the conditions of the license , the
licensee shall receive written notice of the violation and be
informed that if another violation occurs within thirty ( 30 )
working days , or in the case of a continuing violation if it is
not corrected within ten ( 10 ) working days , the license will be
revoked. If another violation occurs within the thirty ( 30 )
working day period, or if the continuing violation is not
corrected within ten ( 10 ) working days , the Public Works
Department shall give the licensee written notice that the
license is revoked . Upon receipt of the revocation, the licensee
shall stop collecting , transporting, or disposing of solid
wastes . The Public Works Department may reinstate a revoked
license after the revocation has been in effect for thirty ( 30 )
working days if the Public Works Department finds that the
conditions causing the violation have been corrected. A licensee
whose license has been revoked may appeal the revocation to the
Board of County Commissioners by giving written notice of the
appeal to the Public Works Department within ten ( 10 ) working
days of receiving notice of revocation from the Public Works
Department . After a hearing on the appeal , the Board shall
either affirm the revocation or direct the Public Works
Department to reinstate the license.
H . No license issued pursuant to this chapter shall be
assignable .
SECTION X. ENFORCEMENT
A . Criminal penalty: Any person violating this ordinance shall
be guilty of a misdemeanor punishable by a fine not to exceed
five hundred ( 500 ) dollars or imprisonment for not more than
thirty ( 30 ) days , or both. Each day' s continuing violation shall
be a separate and distinct offense .
B . Civil penalty : Any person who is found in violation of this
ordinance shall be subject to a civil penalty of not to exceed
five hundred ( 500 ) dollars as provided in G. S . 153A-123 . Each
day ' s violation shall be treated as a separate offense .
C . Remedies : This ordinance may be enforced by equitable
remedies , and any unlawful condition existing or in violation of
this ordinance may be enforced by injunction and order of
abatement in accordance with G. S . 153A-123 .
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