HomeMy WebLinkAboutAgenda - 11-17-1998 - 8g~~
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 1998
Action Agenda
Item #
SUBJECT: ROGER DALE STEPHENS & FELTON G. TERRELL ZONING CASE
(ASSESSMENT OF CIVIL PENALTIES)
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S):
INFORMATION CONTACT: Jim Hinkley, X2584
Site Maps TELEPHONE NUMBERS: Hillsborough - 732-8181
Sample letter from County Attorney Durham - 688-7331
Mebane -227-2031
Chapel Hill - 968-4501
PURPOSE: Consideration of assessment of civil penalties in the Roger Dale Stephens
and Felton G. Terrell Zoning Case.
BACKGROUND: Complaints were received in the late summer of 1997 from neighbors in
the Oakdale Farms Community about illegal landfilling occurring on a
1.74-acre property owned by Roger Dale Stephens and Felton G. Terrell
at 2318 and 2322 Blair Drive (Tax Map No. 4.43.B.17). The landfill
consists of razed building materials, tree stumps, and dirt.
Mr. Stephens was first notified in person in the fall of 1997 for violation
of Section 4.3 Permitted Use Table, P12 Landfills (less than two acres)
of the Orange County Zoning Ordinance when a Stop Work Order was
posted on his property.
Complaints were received again on April 6, 1998. Mr. Stephens was sent
a letter on Apri123, directing him to remove the dumped waste from the
premises and to dispose of it at the County Landfill or other legal
location on or before Monday, May 18, 1998. In the letter he was
instructed to supply this office with tipping fee receipts from a landfill to
show that the materials were deposited in a legitimate facility. And he
was directed not to bury or plow under the waste materials.
A warning was given that the Board of County Commissioners would be
requested to assess civil penalties of $100 per day beginning on Tuesday,
May 19, 1998, if the violation was not corrected on or before May 18.
He was told that each day's continuing violation is a separate and distinct
offense. And he was warned also that any appropriate action or
proceedings to prevent unlawful use; to restrain, correct or abate the
violation; or to prevent any illegal use in or about the premises may be
instituted against him.
The directives were not followed.
More complaints were received, continuing throughout the summer and
fall of 1998. Several telephone calls were made to Mr. Stepheno's office,
and at his request two site visits were made with him to explain how the
property should be brought into compliance. One site visit was on June
29. At that time Mr. Stephens said that he would clean-up the site and
smooth-over the dirt.
On August 11, 1998, a Stop Work Order was again posted because
further unauthorized landfilling was occurring on the premises and on
the abutting occupied residential property to the north (Roger N. and
Barbara Stephenson, 2312 Blair Drive, Tax Map No. 4.43.B.25). Truck
loads of dirt were being brought onto the site from a construction site
elsewhere. A bulldozer was pushing newly dumped dirt into the stream
valley below on the back sides of the properties.
On the same day another site visit was conducted with Mr. Stephens. He
said that he would stop dumping and filling on the premises and in the
stream valley. He did request that he could temporarily store dirt on his
property "...for only a few weeks," so that it could be used at a later
date on other construction projects. He was allowed to do so. As of this
date, however, the temporary piles remain in addition to the illegal
dumping.
The property is zoned R-1 Rural Residential. Landfilling is not permitted
by right in the R-1 zoning district. A Class B Special Use Permit must be
approved by the Board of Adjustment prior to using property in this
manner.
If civil penalties were assessed at $100 per day from May 19 through
November 17, 1998, the accrued amount would be over $18,000.
Ir 3
RECONLVIENDATION: The Administration recommends that the Board of County
Commissioners authorize the County Attorney to respond in writing to the
offenders to apprise them that the Board has reviewed the staff report of
zoning violations, and warning that the Board of County Commissioners
will consider assessment of civil penalties against owners of property
which has not been brought into compliance with ordinance provisions
within thirty (30) days from the date of the letter. A sample letter to be
sent by the County Attorney to the offenders is attached.
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ROGER DALE STEPHENS 8~ FELTON G. TERRELL
CIVIL PENALTIES ASSESSMENT CONSIDERATION
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CIVIL PENALTIES ASSESSMENT CONSIDERATION
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November 18, 1998
Roger Dale Stephens
Felton G. Terrell
909-38 Oakdale Drive
Hillsborough, NC 27278
RE: Assessment of Civil Penalties for Violation of Orange County
Zoning Code
Dear Mr. Stephens and Mr. Terrell:
On November 17, 1998, the Orange County Board of County
Commissioners reviewed planning staff records documenting repeated
violations, since May 19, 1998, of Orange County Zoning Ordinance Section 4.3
Permitted Use Table, P12 Landfill (less than two acres) regarding dumped
wastes and filling of stream valley on your property at 2318 and 2322 Blair Drive
in Hillsborough Township (Tax Map No. 4.43.8.17). The Board has directed me
to advise you that it will consider assessment of civil penalties against you if the
property is not brought into compliance with county zoning regulations within
thirty (30) days of the date of this letter (December 18, 1998).
Please note that any act constituting a violation of any requirement of the
Orange County Zoning Ordinance subjects the offender to. a civil penalty of
$100.00. Thus, each day could cost you $100.00. You have been in violation
for 183 days.
Very truly yours,
COLEMAN, GLEDHILL 8~ HARGRAVE, P.C.
Geoffrey E. Gledhill