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HomeMy WebLinkAboutAgenda - 10-06-1998 - 8k ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 6. 1998 Agenda Abstract Item # $- k SUBJECT: ASSESSMENT OF CIVIL PENALTIES FOR ZONING VIOLATIONS DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENTS: Summaries of zoning cases; Letters INFORMATION CONTACT: Jim Hinkley, X2584 TELEPHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: Consideration of assessment of civil penalties for zoning violations for the following cases: Mozelle J. Pratt, Edward and Linda Jones, Cathrin and Ronald E. Dickison, Donnie Page Clayton and Jack L. Hurley. BACKGROUND: The following attachments document repeated attempts by planning staff to compel parties in violation of Orange County zoning regulations regarding open storage of junk and/or junked motor vehicles to bring their respective properties into compliance with ordinance requirements. As evidenced by those documents, stronger action is needed. RECOMMENDATION: The Administration recommends that the Board of County Commissioners authorize the County Attorney to respond in writing to offenders to apprise them that the Board has reviewed staff reports of zoning violations, 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. Sample letters to be sent by the County Attorney to those offenders are attached. 1 October 7, 1998 Ms. Mozelle J. Pratt 2815 Dairyland Road Hillsborough, North Carolina 27278 RE: Assessment of Civil Penalties for Violation of Orange County Zoning Code Dear Ms. Pratt: On October 6, 1998, the Orange County Board of County Commissioners reviewed planning staff records documenting repeated violations, since March 25, 1998, of Orange County Zoning Ordinance Section 4.3.S50 and Section 6.16.7 regarding storage of junked or wrecked motor vehicles and other domestic wastes on your property at 6808 Rocky Ridge Road in Chapel Hill Township (Tax Map No. 7.21..24A). 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 (November 6, 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 196 days. Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. Geoffrey E. Gledhill 2 r 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 Permitrerl Use. S50 Storage of Goods, Ot~rc~nnr and Section 6.16.7 Storage of Junked or Wrecked Mo nr Vehicle 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: 4 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. 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 October 6, 1998, would amount to nearly $15,000. RECOMMENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in amount of $2,000 payable within 30 days of the assessment. If the amount is not paid within that time, and/or the property is not brought into compliance, the case should be turned over to the County Attorney to take appropriate action. 5 October 7, 1998 Mr. Edward Jones Ms. Linda Jones 2313 Lonnie Circle Hillsborough, North Carolina 27278 RE: Assessment of Civil Penalties for Violation of Orange County Zoning Code Dear Mr. and Ms. Jones: On October 6, 1998, the Orange County Board of County Commissioners reviewed planning staff records documenting repeated violations, since January 20, 1998, of Orange County Zoning Ordinance Section 4.3.S50 and Section 6.16.7 regarding storage of junked or wrecked motor vehicles and other domestic wastes on your property at 2313 Lonnie Circle in the Joppa Oaks Community, Hillsborough Township (Tax Map No. 4.45A.C.17). The Board has directed me to advise you that it will consider assessment of civil penalties against the property owner if the property is not brought into compliance with County zoning regulations within thirty (30) days of the date of this letter (November 6, 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 260 days. Very truly yours, COLEMAN, GLEDHILL 8~ HARGRAVE, P.C. Geoffrey E. Gledhill 6 EDWARD AND LINDA JONES ZONING CASE (ASSESSMENT OF CIVIL PENALTIES) PURPOSE: Consideration of assessment of civil penalties in the Edward and Linda Jones zoning case BACKGROUND: Several complaints about junk motor vehicles being stored on the property of Edward Michael and Linda G. Jones at 2313 Lonnie Circle in the Joppa Oaks Community (Tax Map No. 4.45A.C.17) have been received since July 1991. Notifications of Zoning Violation were sent to the Jones's on: July 24, 1991 (compliance on February 2, 1992); September 18, 1997 (compliance on October 10, 1997); January 20 and April 9, 1998 (no response received and no action taken). Site inspection on April 30, 1998, and subsequent inspections, reveal that the property remains in violation of Section 4.3 Permitted Use Table, S50 Storage of Goods. Outdoor and Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles of the Orange County Zoning Ordinance. Six motor vehicles-vans and trucks-and automotive items lying on the ground are being stored outdoors on the premises. The property is zoned R-2 Rural Residential. Storage of goods outdoors and of junked or wrecked motor vehicles are not permitted uses in the R-2 zoning district. Section 6.16.7 of the Zoning Ordinance states: The storage of junked or wrecked motor vehicles is specifccally 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. In a Apri19, 1998, Notification of Zoning Violation, the Jones's were directed to correct the violation on or before April 27. Warning was given that the Board of County Commissioners would be requested to assess $100-per-day civil penalties beginning on April 28 if the violations were not corrected. There was no response from the Jones's about the notification. Subsequent site investigations reveal no progress toward compliance. If assessments were made at $100 per day (the maximum allowed by the Zoning Ordinance) going back to January 12, 1998, civil penalties by October 6, 1998, would amount to nearly $14,000. RECOMIVIENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in amount of $2,000 payable within 30 days of the assessment. If the amount is not paid within that time, and/or the property is not brought into compliance, the case should be turned over to the County Attorney to take appropriate action. October 7, 1998 Ms. Cathrin Dickison Mr. Ronald E. Dickison 3411 Poplar Drive Efland, North Carolina 27243 RE: Assessment of Civil Penalties for Violation of Orange County Zoning Code Dear Mr. and Ms. Dickison: On October 6, 1998, the Orange County Board of County Commissioners reviewed planning staff records documenting repeating violations, since May 5, 1998, of Orange County Zoning Ordinance Section 4.3.S19 and S50 and Section 6.16.7 regarding storage of junked or wrecked motor vehicles and other domestic wastes on your property at 3411 Poplar Drive in Aberdeen Downs, Cheeks Township (Tax Map No. 3.2B.D.1). 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 (November 6, 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 155 days. Very truly yours, COLEMAN, GLEDHILL 8~ HARGRAVE, P.C. 8 Geoffrey E. Gledhill 9 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 S19 JurLky and ~5Q 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. lU 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 October 6, 1998, would amount to nearly $15,000. RECOMMENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in amount of $2,000 payable within 30 days of the assessment. If the amount is not paid within that time, and/or the property is not brought into compliance, the case should be turned over to the County Attorney to take appropriate action. 11 October 7, 1998 Mr. Donnie Page Clayton 4608 Red Mountain Road Rougemont, North Carolina 27572 RE: Assessment of Civil Penalties for Violation of Orange County Zoning Code Dear Mr. Clayton: On October 6, 1998, the Orange County Board of County Commissioners reviewed planning staff records documenting repeated violations, since January 16, 1998, of Orange County Zoning Ordinance Section 4.3.S19 and S50 and Section 6.16.7 regarding storage of junked or wrecked motor vehicles and other domestic wastes on your property at 7616 New Sharon Church Road in Little River Township (Tax Map No. 1.11..4C). 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 (November 6, 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 264 days. Very truly yours, COLEMAN, GLEDHILL ~ HARGRAVE, P.C. Geoffrey E. Gledhill 12 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. 13 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 October 6, 1998, would amount to nearly $ 22,000. RECOMMENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in amount of $3,000 (increased from $2,000 which would have been proposed to the Board of Commissioners at its Apri121 meeting) payable within 30 days of the assessment. If the amount is not paid within that time, and/or the property is not brought into compliance, the case should be turned over to the County Attorney to take appropriate action. 14 October 7, 1998 Mr. Jack L. Hurley 1019 Squires Road Mebane, North Carolina 27302 RE: Assessment of Civil Penalties for Violation of Orange County Zoning Code Dear Mr. Hurley: On October 6, 1998, the Orange County Board of County Commissioners reviewed planning staff records documenting repeated violations, since March 24, 1998, of Orange County Zoning Ordinance Section 4.3.S19 and S50 and Section 6.16.7 regarding storage of junked or wrecked motor vehicles and other domestic wastes on your property at 1100 Squires Road in Cheeks Township (Tax Map No. 3.43..26). 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 (November 6, 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 197 days. Very truly yours, COLEMAN, GLEDHILL ~ HARGRAVE, P.C. Geoffrey E. Gledhill 15 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 Table of Permitted Uses. S19 Ju kyards 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: 16 In accordance with 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 ~ 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 October 6, 1998, the amount would be over $21,000. RECOMMENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in amount of $4,000 payable within 30 days of the assessment. If the amount is not paid within that time, and/or the property is not brought into compliance, the case should be turned over to the County Attorney to take appropriate action.