HomeMy WebLinkAboutAgenda - 05-19-1998 - 9b,~
1~
1
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 19, 1998
Action Agenda
Item # 9_6
SUBJECT: ROY L. ATWATER ZONING CASE (ASSESSMENT OF CIVIL PENALTIES)
ACTION BY:
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
BUDGET AMENDMENT REQUIRED: Yes X No
ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley
EXTENSION: 2584
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: Consideration of assessment of civil penalties in the Roy L. Atwater Zoning Case
BACKGROUND: A complaint was received about the accumulation of junked or wrecked motor
vehicles on the Roy L. Atwater property at 308 Old School Road (Tax Map No.
7.117..15M) on July 1, 1997. Site inspection on July 7 confirmed violation of Section
6.16.7 Storage of Junked or Wrecked Motor Vehicles of the Zoning Ordinance. 'The
property is zoned RB(UNIV-PW) Rural Buffer (University Lake-Protected
Watershed). Storage of junked or wrecked motor vehicles is not permitted in the RB
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
2
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. Atwater was sent a Notification of Zoning Violation on July 17, 1997. He called
the Zoning Enforcement Officer to discuss the zoning violation on July 23. Mr.
Atwater stated that he would remove the motor vehicles "...within a week or two."
Site inspection on September 12 revealed that no progress toward compliance had
been made. A second letter was sent on September 19, with a deadline for compliance
of October 7, and with warnings of civil penalties assessment. Subsequent site
investigations revealed no progress.
In accordance with Article 23. Violations. Penalties and Remedies, Section 23.2 b)
Civil Penalty, a notification warning of civil penalty assessment was sent to Mr.
Atwater on January 26, 1998. There has been no response.
If assessments were made at $100 per day (the maximum allowed by the Zoning
Ordinance), civil penalties on May 19, 1998, would amount to over $25,000.
RECOMMENDATION: The Administration recommends that the Board of County Commissioners
consider assessing civil penalties in the amount of $2,000 payable within 30 days of
the assessment. If the amount is not paid within that time, and/or if the property is not
brought into compliance, the case should be turned over to the County Attorney to take
appropriate action.