15.1.3 Violator

Violators may include any person who owns, leases, occupies, manages, or builds any structure or engages in any land development activity in violation of this Ordinance and any person who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator.

Commentary: The definition of violator and the ability to charge more than one violator means that both tenant and landlord, where applicable, may be in violation and subject to penalties.

The person responsible for violations of Sec. 3.8, Sedimentation and Erosion Control or Sec. 12.10, Sedimentation and Erosion Control, or Sec. 15.5, Sedimentation and Erosion Control Enforcement and Penalties, consistent with the provisions of NCGS § 113A-64 shall mean:

1. The developer or other person who has, or holds himself out as having, financial or operation control over the land-disturbing activity; or

2. The landowner or person in possession or control of the land when he or she has directly or indirectly allowed the land-disturbing activity, has benefited from it, or has failed to comply with the North Carolina Sedimentation Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act), Sec. 3.8, Sedimentation and Erosion Control, Sec. 12.10, Sedimentation and Erosion Control, Sec. 15.5, Sedimentation and Erosion Control Enforcement and Penalties, rules or orders adopted or issued pursuant to those sections or the Act, or an approved sedimentation and erosion control plan.