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HomeMy WebLinkAboutAgenda - 05-19-1998 - 9cBOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 1998 Action Agenda Item # 4-C.. SUBJECT: DONNIE PAGE CLAYTON 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 civil penalties assessment in the Donnie Page Clayton Zoning Case BACKGROUND: A complaint was received about a new automotive junkyard in process of being formed on the Donnie Page Clayton property at 7600± (An address has yet to be assigned) New Sharon Church Road (Tax Map No. 1.11..4C). Site inspection on December 12, 1997, confirmed 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 Zoning Ordinance. Found on the premises were 18 motor vehicles, 30 batteries, and 50± automotive tires. Also white appliances, domestic waste, and razed building materials have been dumped on the premises. In addition, a mobile home has been setup and occupied without proper permits. The Claytons are residents of 4808 Red Mountain Road in Durham County. The property is zoned AR(LITTLE-PW) Agricultural-Residential (Little River Protected Watershed). Storage of goods outdoors and storage of junked or wrecked motor vehicles is not permitted in the AR. Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles, of the Orange County 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 a Notification of Zoning Violation on January 16, 1998. Ms. Clayton applied for a Building Permit on January 20, 1998, for the mobile home. The building permit was not issued because of the zoning violations. The Claytons were directed 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 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. 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 Monday, 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. This office has neither heard from the owners, nor has the premises been brought into compliance. If civil penalties were assessed at $100 per day (the maximum allowed by the Zoning Ordinance), civil penalties on May 19, 1998, would amount to nearly $8,500.00. 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.