HomeMy WebLinkAboutAgenda - 11-17-1998 - 8j1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 1998
Agenda Abstract
Item # g- ~
--T-
SUBJECT: ASSESSMENT OF CIVIL PENALTIES FOR ZONING VIOLATIONS
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENTS:
INFORMATION CONTACT: Jim Hinkley, X2584
Summaries of zoning cases TELEPHONE NUMBERS: Hillsborough 732-8181
Memo to County Attorney from Zoning Enforcement Officer Mebane 227-2031
Durham 688-7331
Chapel Hitl 967-9251
PURPOSE: Consideration of assessment of civil penalties for zoning violations
for the following cases: Mozelle J. Pratt, Cathrin and Ronald E.
Dickison, Donnie Page Clayton and Jack L. Hurley.
BACKGROUND: On October 7, 1998, the Board of Commissioners voted to
authorize the County Attorney to send written notice to the above
offenders apprising them that the Board has reviewed staff zoning
violation reports regarding their properties, and warning that the
Board of County Commissioners will consider assessment of civil
penalties against owners of properties which have not been
brought into compliance with ordinance provisions within thirty (30)
days from the date of the letter. The County Attorney sent the
written notification October 8, 1998. Planning staff inspected the
sites November 6, 1998, and found that the properties have not
been brought into compliance with zoning ordinance requirements.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners assess civil penalties against those property
owners as recommended in the attached reports.
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DONNIE PAGE CLAYTON ZONING CASE
(ASSESSMENT OF CIVIL PENALTIES)
PURPOSE: Consideration of assessment of civil penalties in the Donnie Page
Clayton Zoning Case.
BACKGROUND: A complaint was received about the creation of a new automotive
junkyard on the property of Donnie Page Clayton at 7616 New Sharon
Church Road (Tax Map No. 1.11..4C) on January 5, 1998. Site
inspection on January 12 confirmed violation of Section 4.3 Table of
Permitted Use, S19 Junkyards and S50 Storage of Goods. Outdoor and
Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles of the
Zoning Ordinance. Found on the premises were 18 motor vehicles, 30
batteries, and 50± tires. Also white appliances, domestic trash, and
automotive parts were observed lying on the ground. The property is
zoned AR(LITTLE-PW) Agricultural-Residential (Little Creek Protected
Watershed). Storage of goods outdoors and of junked or wrecked motor
vehicles is not permitted in the AR zoning district.
Section 6.16.7 of the Zoning Ordinance states:
The storage of junked or wrecked motor vehicles is specifically
prohibited in all residential districts. This section does not apply
to any motor vehicle in an enclosed building which building
conforms to applicable building code and zoning regulations or
which building lawfully exists as anon-conforming use under
applicable building code and zoning regulations.
Junked or Wrecked Motor Vehicles are defined in the Zoning
Ordinance as:
Motor vehicles which do not display a current license plate or a
current registration sticker and which do not display a current
inspection sticker issued by or in the same state as the license plate
or registration sticker and which either: (a) are partially
dismantled or wrecked, or (b) cannot be self-propelled or moved in
the manner in which originally intended to move.
Mr. Clayton was sent notification on January 16, 1998. Ms. Clayton
applied for a building permit for a mobile home on the premises on
January 20. The building permit was not issued because of the zoning
violation.
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The Claytons were ordered to do the following on or before March 3,
1998:
1. Remove all junked or wrecked motor vehicles from the premises
and dispose of them in a manner which would not violate
respective provisions of the Zoning Ordinance;
2. Take the batteries to a recycling center and provide receipts;
3. Take all white appliances, domestic waste, and razed building
materials to the Orange County Landfill and provide the Planning
Office with tipping fee receipts; and
4. Take all tires to the Orange County Landfill and provide the
planning Office with proof of delivery.
If these violations were not corrected on or before March 2, 1998, the
Zoning Enforcement Officer would request the Board of County
Commissioners to assess civil penalties in the amount of $100 per day
until the violations were corrected. The Claytons were not heard from,
and the property had not been brought into compliance by March 2.
The Claytons were notified that the Board of County Commissioners
would consider assessing civil penalties at its meeting of April 21. The
Claytons called the day of the meeting to announce that they had
contacted a contractor to remove the motor vehicles within 30 days. The
Zoning Enforcement Officer told the Board of Commissioners about
this, and they removed the request to assess civil penalties from the
agenda. In the following four months, little or no further progress has
been made to bring the property into compliance.
If assessments were made at $100 per day (the maximum allowed by the
Zoning Ordinance), civil penalties on November 6, 1998, would amount
to over $29,000.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners consider assessing civil penalties in amount of $3,000.
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CATHRIN & RONALD E. DICKISON ZONING CASE
(ASSESSMENT OF CIVIL PENALTIES)
PURPOSE: Consideration of assessment of civil penalties in the Catherin and Ronald
E. Dickison Zoning Case.
BACKGROUND: A complaint was received about the storage of junked or wrecked motor
vehicles on the Catherin and Ronald E. Dickison property at 3411
Poplar Drive in Aberdeen Downs in Cheeks Township (Tax Map No.
3.2B.D.1) on April 28, 1998. Site inspection on May 4 confirmed
violation of Section 4.3 Table of Permitted Use 19 Junkyards and 5,50
Storage of Goods. Outdoor and Section 6.16.7 Storage of Junked or
Wrecked Motor Vehicles of the Zoning Ordinance. At least ten motor
vehicles, including a bus, trucks, and automobiles in various states of
repair, and automotive parts lying on the ground, are being stored
outdoors in the western side yard. The property is zoned AR(BACK-
PW) Agricultural-Residential (Back Creek Protected Watershed).
Storage of goods outdoors and of junked or wrecked motor vehicles is
not permitted in the AR zoning district.
Section 6.16.7 of the Zoning Ordinance states:
The storage of junked or wrecked motor vehicles is specifically
prohibited in all residential districts. This section does not apply
to any motor vehicle in an enclosed building which building
conforms to applicable building code and zoning regulations or
which building lawfully exists as anon-conforming use under
applicable building code and zoning regulations.
Junked or Wrecked Motor Vehicles are defined in the Zoning
Ordinance as:
Motor vehicles which do not display a current license plate or a
current registration sticker and which do not display a current
inspection sticker issued by or in the same state as the license plate
or registration sticker and which either.• (a) are partially
dismantled or wrecked, or (b) cannot be self-propelled or moved in
the manner in which originally intended to move.
The Dickisons were sent a Notification of Zoning Violation on May 5,
1998, with an order to correct the violation on or before June 8.
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Warning was given of $100-per-day civil penalties to be assessed
beginning on June 9, if the violation were not corrected. Their was no
response from the Dickisons about the notification, and there was no
evident action taken to correct the violation. A second notification was
sent on June 16, stating that the Board of County Commissioners would
be requested to assess the penalties. There has been no response to the
notification. Subsequent site investigations reveal no progress.
If assessments were made at $100 per day (the maximum allowed by the
Zoning Ordinance), civil penalties on November 6, 1998, would amount
to nearly $19,000.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners consider assessing civil penalties in amount of $2,000.
JACK L. HURLEY ZONING CASE
(ASSESSMENT OF CIVIL PENALTIES)
PURPOSE: Consideration of assessment of civil penalties in the Jack L. Hurley
Zoning Case.
BACKGROUND: A complaint was received on or about March 1, 1998, about a large
dump site and junk yard (storage of junked or wrecked motor vehicles
and a junked mobile home, and outdoor storage of white appliances and
razed building materials) on the property of Jack L. Hurley at 1100
Squires Road in Cheeks Township (Tax Map No. 3.43..26). Site
inspection on January 12 confirmed violation of Section 4.3 Ta 1 f
Permitted Uses. S19 Junkyards and S50 Storage of Goods. Outdoor, and
Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles of the
Zoning Ordinance.
Found on the premises were a very large pile and several smaller piles
of razed building waste consisting of roofing material, discarded siding,
wallboard, and lumber; five wrecked motor vehicles; automotive parts,
tires, and batteries; a junked truck body and mobile home; and discarded
white appliances; and household trash and bags of recyclable aluminum
cans. The property is zoned R-1(UPPER ENO-PW) Rural-Residential
(Upper Eno Protected Watershed). Storage of goods outdoors and of
junked or wrecked motor vehicles are not permitted in the R-1 zoning
district.
Mr. Hurley was cited on April 4, and August 1, 1991, for the same
reasons. He appeared before the Board of County Commissioners at its
meeting of October 10, 1991, to request a 30 day extension before being
assessed civil penalties. On August 8, and 23, 1995, Mr. Hurley was
cited again for the same violations. He was threaten with assessment of
civil penalties on October 10, 1995. This case was closed on March 11,
1996.
On March 23, 1998, a Stop Work Order was posted at the entrance to
the property. Mr. Hurley was notified of posting the property and
repeated zoning violations on March 24, 1998. He was given the
following directives to be completed on or before April 13, 1998:
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In accordance titi~ith the Stop Work Order posted on your property
on Monday, March 23, 1998, you are hereby ordered to cease
and desist all dumping on the premises immediately
2. You are hereby ordered to remove all materials from the premises
and take them to the Orange County Landfill on or before
Monday April 13, 1998 (Do not bury or burn any of the
materials. );
3. You are hereby ordered to provide this office with tipping fee
receipts for the materials taken to the Orange County Landfill no
later than Tuesday, April 14, 1998; and
4. You are hereby ordered to remove X11 junked or wrecked motor
vehicles from the premises on or before Monday, April 13, .1998.
As of October 6, 1998, none of the provisions of the abovelisted orders
has been met. If Mr. Hurley were to be assessed civil penalties again at
$100 per day (the maximum allowed by the Zoning Ordinance), as of
November 6, 1998, the amount would be over $22,000.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners consider assessing civil penalties in amount of $4,000.
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MOZELLE J. PRATT ZONING CASE
(ASSESSMENT OF CIVIL PENALTIES)
PURPOSE: Consideration of assessment of civil penalties in the Mozelle J. Pratt
Zoning Case.
BACKGROUND: A number of complaints have been received between March 1996 and
May 1998 about storage of junked or wrecked motor vehicles and a
junked mobile home on the property of Mozelle J. Pratt property at 6808
Rocky Ridge Road in Chapel Hill Township (Tax Map No. 7.21..24A).
Notifications of Zoning Violation were sent on April 7 and May 3,
1996, and on March 25 and April 9, 1998.
The use of the property is in violation of Section 4.3 Table of Permitted
Use. S50 Storage of Goods. Outdoor and Section 6.16.7 St ra
Junked or Wrecked Motor Vehicles of the Zoning Ordinance. Four
junked or wrecked motor vehicles, automotive parts lying on the ground,
a junked mobile home, and domestic waste are being stored outdoors on
the premises. The property is zoned RB Rural Buffer. Storage of goods
outdoors and of junked or wrecked motor vehicles are not permitted in
the RB zoning district.
Ms. Pratt was directed to accomplish the following on or before, May
11, 1998:
Remove the junked mobile home from the premises;
2. Remove the junked or wrecked motor vehicles from the
premises; and
3. Remove the domestic waste and household items stored outdoors.
If the directives were not completed on or before the above date, the
Zoning Enforcement Officer warned that a request would be made to the
Board of County Commissioners to assess civil penalties in the amount
of $100.00 per day beginning on Tuesday, May 12, 1998, until the
violations are corrected. Each day's continuing violation is a separate
and distinct offense.
Section 6.16.7 of the Zoning Ordinance states:
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The storage of junked or wrecked motor vehicles is specifically
prohibited ire all residential districts. This section does not apply
to any motor vehicle in an enclosed building which building
conforms to applicable building code and zoning regulations or
which building lawfully exists as anon-conforming use under
applicable building code and zoning regulations.
Junked or Wrecked Motor Vehicles are defined in the Zoning
Ordinance as:
Motor vehicles which do not display a current license plate or a
current registration sticker and which do not display a current
inspection sticker issued by or in the same state as the license plate
or registration sticker and which either: (a) are partially
dismantled or wrecked, or (b) cannot be self-propelled or moved in
the manner in which originally intended to move.
Many promises to correct the violations have been received from Ms.
Pratt, and several extensions have been given over the years. Most
recent site inspections reveal no action being taken to bring the property
into compliance.
If assessments were made at $100 per day (the maximum allowed by the
Zoning Ordinance), civil penalties on November 6, 1998, would amount
to over $22,000.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners consider assessing civil penalties in amount of $2,000.
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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''~f e.~•`~~~
MEMORANDUM
TO: Geoffrey M. Gledhill
Count Attorney
~.
FROM: James R. Hinkley, AICP
County Zoning Enforcement Officer
DATE: Monday, November 09, 1998
SUBJECT: ZONING CASE STATUS/CIVIL PENALTY NOTIFICATIONS
COPIES: Gene Bell, Interim Planning Director
Karen Lincoln, Current Planning Supervisor
As per your request, listed below is the status of zoning violations where property
owners have been notified by your office about assessment of civil penalties if their
properties were not brought into zoning compliance by November 6, 1998.
Donnie Page Clayton Violation continues Site Inspection
4608 Red Mountain Road No evident progress 11-6-98
Rougemont, NC 27572 toward compliance
Catherin and Ronald Dickison
3411 Poplar Drive
Efland, NC 27243
Jack L. Hurley
1019 Squires Road
Mebane, NC 27302
Edward Michael and Linda G. Jones
2313 Lonnie Circle
Hillsborough, NC 27278
Mozelle Pratt
6808 Rocky Ridge Road
Hillsborough, NC 27278
Violation continues Site Inspection
No progress 11-6-98
toward compliance
Violation continues Site Inspection
No progress 11-6-98
toward compliance
* Compliance y-~- Site Inspection
10-26-98
Violation continues Site Inspection
No evident progress 11-6-98
toward compliance
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