HomeMy WebLinkAboutAgenda - 05-19-1998 - 9e..
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Ma,.y 19, 1998
Action Agenda
Item # 9-~
SUBJECT: EDWARD L. UNDERWOOD AND JAMES LEWIS 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 Edward L. Underwood and James
Lewis zoning case
BACKGROUND: In response complaints in November 1997 that landfilling was occurring on the
Underwood and Lewis property on the southeast corner of Schley and New Sharon
Roads in Little River Township (Tax Map No. 1.27..23), a site inspection was
conducted on December 1, 1997. It was found that rock, graded stone, dirt, and broken
asphaltic concrete in some ten-twelve piles had been deposited on the premises in
violation of Section 4.3 Permitted Use Table. P 11 Landfills of the Zoning Ordinance.
The property is zoned AR Agricultural-Residential. Landfilling is not permitted by
right in the AR zoning district.
2
A Notice of Violation was sent on December 10, 1998. No action has been taken by
the owners to rectify the violation. A warning of assessment of civil penalties for
continuing violation was sent January 16, 1998. Neither has the property been brought
into compliance, nor have the owners been heard from. The property is zoned R-1
Rural Residential.
If assessments were made at $100 per day (the maximum allowed by the Zoning
Ordinance), civil penalties on May 19, 1998, would amount to nearly $30,000.
NOTE: This is the second time that the owners have been threatened with assessment
of civil penalties. In 1994, the owners were cited for storing junked mobile homes on
the premises in violation of the Zoning Ordinance. The owners brought the property
into compliance when the Board of County Commissioners allowed an additional 30
days to correct the violation.
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.