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HomeMy WebLinkAboutP-0460 - The Collection of Unpaid Civil Penalties 12-03-1990-Xa`POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: December ~ 1990 NUMBER: P:0460 EFFECTIVE DATE: December 3~ 1990 REVISIONS: POLICY: ANIMAL CONTROL PENALTIES: POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES Pursuant to Section XXI of the Orange County Animal Control Ordinance, civil action may be commenced in the name of Orange County by the Animal Control Director for the collection of unpaid penalties. Violators who have not paid the penalty will be informed that payment is due and that further legal actions may be taken. Requests for payment over a period of time will be taken into consideration by the Animal Control Director if it can be shown that the person issued the penalty has taken measures to comply to the Animal Control Ordinance. In no event shall the payment be extended over a period greater than two (2) years. • .\ .' MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, DECEMBER 3, 1990 281 The Orange County Board of Commissioners met in regular session at 7:30 p.m. on December 3, 1990 in the Courtroom of the Old Courthouse in Hillsborough, North Carolina.. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice-Chair Stephen Halkiotis, Commissioners John Hartwell, Shirley E. Marshall and Don Willhoit. COMMISSIONERS ELECT PRESENT: Alice M. Gordon and Verla C. Insko. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill 8TAFF PRESENT:, County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker, Agricultural Extension Director Fletcher Barber, Clerk to the Board Beverly Blythe, Housing and Community Development Director Tara Fikes, Register of Deeds Betty June Hayes, Animal Control Director Elma Johnson, Director of Personal Health Services Eileen Kugler, and Health Director Dan Reimer. NOTE: ALL DOCUMENTS REFERENCED IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERR'8 OFFICE. A. APPROVAL OF MINUTES Motion was made by Commissioner Halkiotis to approve Regular Meeting as circulated. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis to approve Regular Meeting as corrected. VOTE: UNANIMOUS Commissioner Hartwell, seconded by the minutes for the October 16, 1990 Commissioner Marshall, seconded by the minutes for the November 20, 1990 BOARD COMMENTS Commissioner Hartwell told of a funeral held on Saturday for Walter Rishel who was killed in an automobile accident. He was a writer. In lieu of flowers, a fund has been set up through the North Carolina Writers Network. The money will be used to provide opportunities for other young writers in this area. He encouraged all those who knew Walt to support others like him in his memory. B. RESOLUTIONS OF APPRECIATION AND SPECIAL PRESENTATIONS • RESOLUTION FOR SHIRLEY E. MARSHALL Chairman Carey presented to outgoing Commissioner Shirley E. Marshall a scrapbook of letters from friends and read the following resolution: 287 '* Health Department Director Dan Reimer and Director of Personal Health Services Eileen Kugler presented an assessment of the County's role in providing public health care services. By the use of transparencies, Mr. Reimer explained in detail the various statistics in the report. He reported that the plan of action calls for assessment, policy development and assurance. He explained these three concepts as stated in the publication The Future of Public Health. With regard to the barriers for those not being served, Mr. Reimer explained that overall the outreach services have been retracted during the last eight years as federal funding has declined. That segment of services was cut first. When comparing the staffing patterns of Orange County with other health department across the County, Orange County has a community health assistant population ratio worse than. the State average. Outreach is an area that needs to be improved in order to bring people in or take services out. C. CULBRETH PARR Tara Fikes presented a status report on the Culbreth Park Interim Assistance Grant Program. An integral part of this project is the participation of the Town of Chapel Hill which is providing second mortgage funds to lower the cost of the homes to the prospective low and moderate income buyers. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the execution of the Development Agreement between the Town of Chapel Hill and the Culbreth Park Community Development Corporation .substantially in the form of the copy i presented in the agenda and authorize the Chair to sign the document after approval by the County Attorney on behalf of Orange County. VOTE: UNANIMOUS %. ITEMS FOR DECISION - REGULAR AGENDA A. ANIMAL CONTROL CIVIL PENALTIES Motion was made by Commmissioner Willhoit, seconded by Commissioner Halkiotis to grant authority to the Animal Control Director to pursue civil action to recover the costs of unpaid Animal Control civil penalties and to make periodic reports to the Board regarding collection actions taken. The following policy was approved: POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES ~~-~>lf~/~ Pursuant to Section XXI of the Orange County Animal Control Ordinance, civil actions may be commenced in the name of Orange County by the Animal Control Director for the collection of unpaid penalties. Violators who have not paid the penalty will be informed that payment is due and that further legal actions may be taken. Requests will be taken into consideration for payment over a • period of time by the animal control director if it can be shown that the person issued the penalty has taken measures to comply • • • 288 to the Animal Control Ordinance. In no event shall the paymer" '~; be extended over a period greater than two (2) months. VOTE: UNANIMOUS B. COMMISSIONERS' POLICY AND PROCEDURES MANUAL Chairman Carey presented for discussion the Commissioners' Policy and Procedures Manual. Two changes were made to the modifications. The words "except for Public Hearings" was added to Rule #11. The "Order of Business for Public Hearings" was added before "Public Charge". Under."Public Charge" the first "shall" was changed to "may". All changes will be incorporated into the manual. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the Commissioners' Policy and Procedures Manual as amended. VOTE: UNANIMOUS C. EXAMINATION OF BONDS Motion was made by Commissioner Commissioner Halkiotis to approve the bonds for G.S. 109-5 as listed below: Sheriff $ 25,000 Register of Deeds 25,000 Finance Director 30,000 Tax Collectors 250,000 All County Employees 250,000 (for faithful performance) VOTE: UNANIMOUS Willhoit, seconded by those officers named in XI. APPOINTMENTS Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the membership of the Human Relations Commission with the expiration dates as presented. VOTE: UNANIMOUS XII. MINUTES - A motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis, to approve the minutes of the October 16, 1990 meeting as circulated. VOTE: UNANIMOUS A motion was made by Commissioner Marshall, seconded by Commissioner Hartwell, to approve the minutes of the November 20, 1990 meeting as circulated. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION - NONE XIn. ADJOURNMENT With no other items to come before the Board of Commissioners, 1 • ORANGE COIINTY BOARD OF COMMI38IONER3 Action Agenda Item No. ~(V,4 ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 1990 SIIBJECT: Animal Control Penalties ------------------------------- ---------------------------------- DEPARTMENT: Health-Animal -Control PIIBLIC HEARING YEB: NO: X ------------------------------- ---------------------------------- ATTACHMENT(8): INFORMATION CONTACT: Health Department policy for TELEPHONE NIIMBER- collection of unpaid Animal Control Hillsborough - 732-8181 civil penalties. Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 ERT. 2076 ---------------------------------------------------------------------- PIIRPOSE: To request authority from the Board to bring civil suits on behalf of the County for unpaid Animal Control penalties. • BACKGROUND: Since the implementation of the 1988 Animal Control Ordinance, approximately sixty civil penalties remain unpaid. The ordinance states that civil action may be commenced to recover the cost of the penalty. At the July 26, 1990 meeting, the Board of Health adopted a policy for the collection of unpaid Animal Control civil penalties (see attachment.) RECOMMENDATION(S): To grant authority to the Animal Control Director to pursue civil action to recover the costs of unpaid Animal Control civil penalties and to make periodic reports to the Board regarding collection actions taken. 2 • • A~'IMAL CO~''"ROT POLICY FOR THE COLLECTION' nF [":F'1ID CIVIL F'E\~LTIES '?r-R.~L'AYT TO SECTION ~:`Si ~`[' THE ORA'~GE CO:'"vT`1: _1\I~I~L r'O~TROr ORL'~TA~:CE , CI~,'IL .'1CTI0?~'S ~1A~ BE CO~1ME'~Ct:C} I1 mHE ~~ ~~tr (~F OR~`ZGE COCN;TY SY THE '1NI'~IAL COtiTROL DIRECTOR FOR TvE {~OLr E!~'TIO~ OF L"~P.~ID FENALTIES . VIOLATORS tti'HO H:1~?E ~?OT F~ID THE PE~~LTY 6~VILL BE I~iFOR'~!ED THAT r.1~'ti~E1~T IS DC'E A:`~ THAT FLRTHER LEGAL ACTIO":S '~I_'1Y BE TA.iF__C. REQL'ESI'S 6tiILL BE TARENI Iti'TO CON;SIDERATIOti FOR PAYME?~TT OVER _~ PERIOD OF TIME BY .THE AtiIMAL CO\TROL DTF?ECTOR. IF IT CA\ BE SH04V~ THAT THE FERSO'~ ISSt'ED THE PE.IALTY :SAS T:1KE~ ~1EASCRES TO COMPLY TO THE AIIMAL CO'_VTROL ORDItiA~CE. z' ~ T C I~'ILACT . DOC • ~~ • POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: December ~ 1990 NUMBER• P•0460 • EFFECTIVE DATE: December 3~ 1990 REVISIONS: POLICY• ANIMAL CONTROL PENALTIES: POLICY FOR THE COLLECTION OF UNPAID CIVIL PENALTIES Pursuant to Section XXI of the Orange County Animal Control Ordinance, civil action may be commenced in the name of Orange County by the Animal Control Director for the collection of unpaid penalties. Violators who have not paid the penalty will be informed that payment is due and that further legal actions may be taken. Requests for payment over a period of time will be taken into consideration by the Animal Control Director if it can be shown that the person issued the penalty has taken measures to comply to the Animal Control Ordinance. In no event shall the payment be extended over a period greater than two (2) years. ~~Z