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Agenda Package - 09-15-08
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Agenda Package - 09-15-08
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4/16/2009 9:49:05 AM
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4/16/2009 9:45:37 AM
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Admin-Clerk
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Agenda
Committee
Board of Commissioners
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072 <br />North Carolina. A violation of this section shall subject the offender to criminal <br />® prosecution, assessment of a civil penalty or other legal action as set forth in this <br />chapter. <br />(b) Pursuant to the provisions of section 153A-140 of the General Statutes of North <br />Carolina, the unlawful storage, accumulation or presence of solid waste and/or <br />recyclable materials on public or private property in the territorial jurisdiction of <br />this chapter in an amount exceeding fifty (50) pounds or one hundred (100) cubic <br />feet is hereby ordained and declared, subject to the limitations set forth in Article <br />57 of Chapter 106 of the General Statutes, to be a public nuisance. Such public <br />nuisances shall be abated as provided in Article X of this chapter. <br />Section 22-67. Illegal dumping. <br />If any solid waste and/or recyclable material disposed of in violation of this chapter can <br />be identified as having last belonged to, been in the possession of, sent to or received by <br />or to have been the property of any person prior to being disposed of, said identification <br />shall be presumed to be prime facie evidence that such person disposed of or caused to be <br />disposed of said solid waste and/or recyclable material in violation of this chapter. <br />ARTICLE X1. ADMINISTRATION AND ENFORCEMENT <br />is Section 22-68. Responsibility for administration and enforcement. <br />The Solid Waste Division of the Department of General Services shall be responsible for <br />the administration and enforcement of the provisions of this chapter. <br />Section 22-69. <br />Civil penalty citations. <br />(a) The Director of General Services or his/her authorized representative shall be <br />authorized as public officials to investigate violations of this chapter and, upon a <br />determination that such a violation has occurred, issue civil penalty citations. The <br />Director of General Services shall promulgate written procedures for investigating <br />violations, issuing citations and collecting penalties. <br />(b) The Sheriff, Director of General Services or their designated representative are <br />hereby empowered to issue civil citations upon the observance of a violation of <br />this chapter. It is the intent of this chapter that each person is responsible for the <br />proper management of his/her own waste and is responsible for all acts involving <br />vehicles and equipment owned by him/her. <br />22 <br />
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