Loading...
HomeMy WebLinkAboutAgenda - 06-03-2003 - 8lORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2003 Action Agenda Item No. SUBJECT: Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): Proposed Ordinance (revised) (pg. 5) April 2, 2003 Planning Board Minutes (pg. 19) February 24, 2003 Public Hearing Minutes (pg. 24) INFORMATION CONTACT: Craig N. Benedict, Director, ext. 2592 Tom King, Planner II, ext. 2607 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To close public hearing and to make decision on adoption of proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. BACKGROUND: The emphasis on zoning code enforcement matters in general and these specific amendments is to develop stronger communication and compliance mechanisms to protect the health, safety and welfare of the community. Through this enhanced communication, an understanding between all parties (complainants, possible violators and the County) can be achieved to note the issue, discuss the severity of the problem, and jointly develop options and solutions that are feasible and reasonable for the individuals. Compliance is the goal and not penalization, although an increased fine structure may assist in proactive discouragement of improper activities. The Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Present Zoning Ordinance procedure mandates that the BOCC, by resolution, make demand for payment of civil penalties after notice of said civil penalties has been communicated to the offending party. The demand must be made before the Zoning Officer or the County Attorney may take any collection action. Staff has pursued civil penalties prior to instituting any of the other remedies listed above, with the exception of Stop Work Orders. This procedure is time consuming and, given the high number of violations that Staff receives through outside complaints, requires significantly more time being spent on paperwork than on actual field investigations and enforcement. The proposed changes in the Zoning Ordinance revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The civil penalty fine is increased from $100 to $500. The 2 amendments also authorize the Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. The proposed changes in the Subdivision Regulations revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The civil penalty fine is increased from $50 to $500 to match the amount provided for in the Zoning Ordinance. The Stop Work Order provision has also been added to the Regulations with appeal being to BOCC. Zoninq Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action — Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties — Offender subject to penalty of $100 after notice sent to offender and demand for civil penalty payment made by BOCC. Penalties accrue daily. • Injunction and Abatement — Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order — Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. Subdivision Regulations The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). Again, as in the Zoning Ordinance, there is very little guidance on notification of violations and the citation procedure. • Criminal Action — Offender guilty of a misdemeanor punishable by fine of no more than $50 or thirty (30) days in jail. • Civil Penalties — Offender subject to fee of $50. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement — Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. • Judicial enforcement through equitable remedies by a Court of law. A. Information /Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address the County's objective for voluntary Ordinance compliance over formal enforcement measures. a. The proposed Ordinance has been amended to add a Purpose and Intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinance has been amended so that initial contact with offender will be made in person or by telephone. 3 3) Concern over posting of notice on property (absentee landowner- tenant removes posted notice - landowner unaware of violation). a. Ordinance allows for various methods of notice. The proposed Ordinance has been amended to remove the posted notice requirement and to require the Zoning Officer to attempt, in every case, to provide the violator with written notice of the violation either in person or by certified mail. 4) In addressing violations that have ceased, yet re- occurs within two (2) years, what would happen if the property were to be sold? How would the violation be handled? a. The proposed Ordinance has been amended to state that a new notice is not required when a notice of violation of the same kind /type has been issued to the same violator. A new notice will be required if the property has been sold to an entity different from the owner initially notified. 5) Concern over allowing Zoning Officer to make demand for civil penalties and in settlement of monetary penalties. No public recourse to approach BOCC to discuss violation or to give BOCC ability to allow for extensions of time limits to correct Zoning Violations. Zoning Officer to provide recommendation to BOCC in such instances. a. The BOCC currently makes demand for civil penalties under the current Zoning Ordinance. The BOCC has to set the civil penalty under the current Zoning Ordinance. The proposed change allows for the Zoning Officer to make demand for payment and settle monetary penalties. The BOCC suggested allowance of opportunity for public to address them by giving the BOCC responsibility for allowing extensions of time limits to correct zoning violations. b. The proposed Ordinance has been amended to allow the offender to' request a time extension through the BOCC. 6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) and $50 (Subdivision Regulations) to $500 in each Ordinance. a. The rationale for the increase in the amount of the civil penalty is to provide another tool to use to obtain compliance with the Ordinance /Regulations. b. Staff proposes to keep the proposed civil penalty fine at $500 (Zoning Ordinance) and increase civil penalty from $50 to $500 in the Subdivision Regulations so that penalties will be consistent in both Ordinances. 7) Concern over Zoning Officer having discretion over settlement of claims regarding civil penalties. a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer will be allowed to determine at what point penalties begin. These are determined during the notification period. Offender must be informed (during notification process) of when penalties will begin. B. Information /Issues at Ordinance Review Committee Meeting on April 2, 2003 1) Concern regarding the need for requests for extension of time limits to correct violations to be in writing. a. Language has been added to state that Staff shall provide assistance in cases where an individual is not able to provide written request for time extension. 4 C. Information /Issues at Planning Board Meeting on April 2, 2003 1) Concern regarding the need for requests for extension of time limits to correct violations to be in writing. a. Language has been added to state that Staff shall provide assistance in cases where an individual is not able to provide written request for time extension. 2) Concern about use of telephone in personal contact with offenders at initial notice of violation stage. One Planning Board member expressed the opinion that a telephone call may be perceived as a joke or should not be taken seriously. a. The proposed Ordinance states that the telephone is one method that may be used to make personal contact. In questionable circumstances (person not at home, dangerous animal on loose on site, apparent dangerous situation), a telephone call can be used to make initial contact. Staff recommends this option remain as part of the proposed Ordinance. 3) Voted to keep civil penalty fine at $500 per day as originally proposed. a. Staff, after concerns raised at the Joint Public Hearing on February 24, 2003, proposed to leave the fine at $100 per day (Zoning) and to increase the fine from $50 to $100 (Subdivision). Suggested language included addition of "up to (proposed fine amount). Staff, in consultation with the County Attorney's Office, believes that the language should not include the words "up to ", as this language is overly discretionary and could lead to discrepancies in penalty assessments. A "flat penalty" will result in simplified assessment calculation. Process 1) Public Hearing held on February 24, 2003. 2) Ordinance Review Committee meeting held on April 2, 2003. 3) Planning Board meeting held on April 2, 2003. On April 2, 2003, the Planning Board, on a unanimous vote, recommended that the BOCC adopt the proposed changes. 4) BOCC to make final decision. FINANCIAL IMPACT: No public financial impact associated with this action. RECOMMENDATION(S): Administration recommends APPROVAL of the proposed Ordinance with changes noted above in A (1 through 7), B (1), and C (1 and 3), by the Planning Staff, Ordinance Review Committee, and Planning Board. Planning Board recommends APPROVAL of the proposed Ordinance with changes noted above in A (1 through 7), B (1), and C (1 and 3), by the Ordinance Review Committee, and Planning Board. Planning Staff recommends APPROVAL of the proposed Ordinance with changes noted above in A (1 through 7), B (1), and C (1 and 3), by the Planning Staff, Ordinance Review Committee, and Planning Board. ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 5 Text and Section Numbers /Headings = Proposed Language dtFilEet#e = Existing Language Deleted Italics & Italics — Language Added During Public Hearing Period — Proposed Language Deleted During Public Hearing Period An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance and Subdivision Regulations are hereby amended as follows: Section 1. (pages 23 -1 through 23 -2) Amend Article 23 (Violations. Penalties and Remedies) of the Orange County, NC Zoning Ordinance to read as follows: ARTICLE 23. ENFORCEMENT VIOLATIONS, PENALTIES AND REMEDIES 23.1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, if is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. 23.1.1 Violations: Violators 23.1.2 Violation It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Variances, development plans, site plans, landscaping plans, and conditions of such permits, variances, and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance. 23.1.3 Violators Violators include, but are not limited to, any person(s) who owns, leases, occupies, manages, or builds any structure or land development activity in violation of this Ordinance, and any person (s) who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator. For the purpose of Article 23 of the Orange County, NC Zoning Ordinance, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. GACurrent Planning Div\Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 6 In addition, one or more of the following persons may be held responsible for a violation of this Ordinance, and be subject to the remedies and penalties provided in this Article: 1) An owner of the property on which the violation of this Ordinance occurs, any, tenant or occupant of that property who has control over, or responsibility for, its use or development, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance. 23.1.4 Responsibility The Zoning Officer shall enforce this Ordinance and the remedies authorized under this Article. The Zoning Officer shall have the authority to settle any violations that involve the payment of money to the governing body. 23.2 Enforcement Procedures 23.2.1 Inspections and Investigations: A program of inspections and investigations to determine compliance with the Zoning Ordinance and orders, plans, permits, certificates, and authorizations issued under the Zoning Ordinance, is hereby authorized. This program shall be conducted under the general authority of the Zoning Officer. On receiving complaints or other information suggesting a violation of this Ordinance, the Zoning Officer shall investigate the situation and determine whether a violation exists. 23.2.2 Initial Notice of Violation: On determining that a violation exists, the Zoning Officer shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Zoning Officer shall then give the responsible person(s) written notice of the violation, either in person, P06tiRg the RGtiGe at the PF9P9Fty iR YOGI , or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Zoning Officer to discuss the violation and how it may be corrected. The Zoning Officer may provide the alleged violator additional notices of violation. This notice is an administrative determination subject to appeal as provided in Article 2.3 of this Ordinance. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 7 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if the correction order is the initial notice. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. A notice of a new violation is not required where a notice of a violation of the same kind the G-Prne violation has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in that Article, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has decided the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of a notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may submit to the Board of County Commissioners Zoning- Of#iser a written request for extension of the notice or order's specified time limit for correction of the violation. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable to provide a written statement. The Zoning Officer will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit, for reasons beyond the control of the person requesting the extension, the Board of County Commissioners ZQRiwg- O#fiser may extend the time limit as reasonably necessary to allow timely correction of the violation. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 8 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation, correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. 23.3 Remedies, Penalties: Enforcement Action 23.3.1 General The Zoning Officer may pursue one (1) or more of the following remedies and penalties described below or in Article 23.4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , butara not , and 364 et seq. Use of one (1) of the authorized remedies and penalties does not preclude the Zoning Officer from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Revocation: In accord with the provisions of this Ordinance and the p��4siena of GhapteF Code, the Zoning Officer , upon a written determination by the Zoning Officer , may revoke any permit, certificate, or other authorization granted under this Ordinance n-r- mpdeir- Chapter- 6 of the Orange Geuafy, NGGede for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. Any permit, certificate, or authorization mistakenly issued in violation of State law or local ordinance, or issued on the basis of misrepresentations by the applicant, owner, or owner's agent may be revoked without such written determination. b) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Zoning Officer may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Zoning Officer may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. G:\Current Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 9 C) Injunctive and Abatement Relief in Superior Court: A violation may be corrected by any appropriate equitable remedy, a mandatory or prohibitory injunction, or an order of abatement as authorized by NCGS 153A- 123. The Zoning Officer shall have the authority to execute an order of abatement if the violator does not comply with such order, and the costs of the execution shall be a lien on the property in the nature of a mechanic's or materialman's lien. d) Criminal Penalties: Any person, firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of five hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for each violation, as provided in NCGS Section 14 -4. The Zoning Officer may refer a violation to the County Attorney for institution of criminal prosecution of the alleged violator. e) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article 23.4 below. f) Stop Work Order: If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, and shall state the reasons for the issuance of the Order, and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 10 The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of t+" ene ) five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 11 23.4.5 Continuing Violations The Zoning Officer may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. An initial Civil Penalty Citation is not required if the Department has previously issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two (2) years, or if the violator has been specifically warned concerning the violation. The Zoning Officer may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. GACurrent Planning Div\Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 12 GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 13 Section 2. (pages 79 through 80) Amend Sub - section VII -E (Penalties for Violations) of Section VII (Legal Status Provisions) of the Orange County, NC Subdivision Regulations to read as follows: SECTION VII. LEGAL STATUS PROVISION VII -E. Enforcement VII -E -1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. VII -E -1.1 Violations: Violators VII -E -1.2 Violation If a person who is the owner or the agent of the owner of any land located within the territorial jurisdiction of Orange County subdivides his /her land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the provisions of this Ordinance and recorded in the Office of the Register of Deeds, he /she shall be in violation of this Ordinance. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from the enforcement provisions of this Ordinance. For the purpose of Article VII -E of the Orange County Subdivision Regulations, the term "person" is defined to include but not be limited to any individual, group of individuals, or any corporation, partnership, association, company, or business, trust, joint venture, or other legal entity. VII -E -1.3 Responsibility The Planning Director shall enforce this Ordinance and the remedies authorized under this Article. The Planning Director shall have the authority to settle any violations that involve the payment of money to the governing body. VII -E -1.4 Planning Director For the purposes of this Article "Planning Director" shall mean the Director of the Orange County, NC Planning and Inspections Department and /or a sworn staff member acting in the capacity of the Planning Director. VII -E -2 Enforcement Procedures VII -E -2.1 Inspections and Investigations: On receiving complaints or other information suggesting a violation of this Ordinance, the Planning Director shall investigate the situation and determine whether a violation exists. GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 14 VII -E -2.2 Initial Notice of Violation: On determining that a violation exists, the Planning Director shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Planning Director shall then give the responsible person(s) written notice of the violation by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing. The notice shall describe the nature of the violation and its location, state the actions necessary to correct the violation, and invite the alleged violator to meet with the Planning Director to discuss the violation and how it may be corrected. The Planning Director may provide the alleged violator additional notices of violation. VII -E -2.3 Final Notice of Violation; Correction Order: The Planning Director's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article VII -E -3 the Planning Director may pursue if the violation is not corrected within the specified time limit. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. VII -E -2.4 Extension of Time Limit to Correct Violation: The recipient of a notice of violation, correction order, or the owner of the property on which the violation occurs, may submit to the Board of County Commissioners Raeatag Diresto a written request for extension of the notice or order's specified time limit for correction of the violation. The Planning Director shall assist individuals in the preparation of said statement in cases where an individuals) is /are unable to provide a written statement. The Planning Director will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Board of County Commissioners may extend the time limit as reasonably necessary to allow timely correction of the violation. VII -E -2.5 Failure to Comply with Notice: If the violator does not comply with a notice of violation, or correction order, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. VII -E -2.6 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Planning Director shall determine whether the violation has been corrected. If the violation has been corrected, the Planning Director shall take no further action against the alleged violator. If the violation has not been corrected, the Planning Director may act to impose one or more of the remedies and penalties specified in the notice of violation, or correction order. GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 15 VII -E -3 Remedies; Penalties: Enforcement Action VII -E -3.1 General The Planning Director may pursue one (1) or more of the following remedies and penalties described below or in Article VII -E-4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , Use of one (1) of the authorized remedies and penalties does not preclude the Planning Director from using any other authorized remedies or penalties, nor does it relieve any party to the imposition of one (1) remedy or penalty from imposition of any other authorized remedies or penalties. a) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Planning Director may deny or withhold approval of any permit, certificate, or other authorization provided for in this Ordinance that is sought for the property on which the violation occurs. The Planning Director may also condition a permit, certificate, or authorization on the correction of the violation and /or payment of a civil penalty, and /or posting of a compliance security. b) Injunctive and Abatement Relief in Superior Court: The County may apply to a General Court of Justice in accordance with the provisions of G.S. 153A -123 (e) and G.S. 153A -334 to bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Regulations of the County. C) Criminal Penalties: Any person who, being the owner or the agent of the owner of any land located within the jurisdiction of this Ordinance, subdivides land in violation of this Ordinance, or transfers, or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance, and recorded in the Office of the Register of Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by fine and /or imprisonment. The description by metes and bounds in the instrument of transfer, or other document used in the process of selling or transferring land, does not exempt the transaction from penalties. d) Judicial Action to Collect Civil Penalty: A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article VII -E-4 below. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 16 e) Stop Work Order If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of a Stop Work Order, the Zoning Officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or lands, or to prevent any illegal act, conduct, business or use in or about the premises. Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the violating activity and /or the property owner, and shall state the reasons for the issuance of the Order, and the conditions under which activity may be resumed. Notice shall be given by registered or certified mail. Upon issuance of such Order, and posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of County Commissioners pursuant to Articles 111 -C -5, III-D-1-h, and 111 -D -5 of this Ordinance. VII -E-4 Civil Penalty VII -E-4.1 General Any person who proceeds to develop land as authorized by an approved preliminary plat and who fails to carry out such development according to the provisions of the plat, and all specific conditions of approval, shall be in violation of this Ordinance and shall be punished by fine. The Planning Director may impose one (1) or more civil penalties and issue one (1) or more Civil Penalty Citations for a violation as provide below. If the violator does not pay the penalty, the Planning Director may collect it in a court through a civil action in the nature of a debt. VII -E-4.2 Notice The Planning Director shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 17 VII -E-4.3 Amount The Planning Director may impose a penalty of W-t-e ene five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, or correction order, shall constitute a separate violation that subjects the violator to additional civil penalty. VII -E-4.4 Settlement of Claims The Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. VII -E-4.5 Continuina Violations The Planning Director may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. The Planning Director may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative. GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 18 Section 3. That this Ordinance be filed in the book of published ordinances. Section 4. That this Ordinance is effective upon adoption. NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner the foregoing Ordinance was adopted this the day of 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2003 Clerk to the Board of Commissioners SEAL GACurrent Planning Div \Tking \Feb 24 PH \Ordinance as Recommended by Planning Board 19 MINUTES ORANGE COUNTY PLANNING BOARD APRIL 2, 2003 ORDINANCE REVIEW 6:00 -7:30 P.M. ORDINANCE REVIEW MEMBERS PRESENT: Nicole Gooding -Ray, Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative PLANNING BOARD MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large; Rachel Preston, Eno Representative; Noah Ranells, Bingham at Large; Theodore Triebel, Little River Representative STAFF PRESENT (ORDINANCE REVIEW): Craig Benedict, Orange County Planning Director; Robert Davis, Current Planning Supervisor, Planner III; Tom Altieri, Comprehensive Planning Supervisor, Planner III; David Lentzer, Planner II; Carla Thames, Planner I; Tom King, Planner II AGENDA ITEM #1: APPROVAL OF MINUTES a. December 18, 2002 — Ordinance Review MOTION was made by Hunter Schofield to accept the minutes. Seconded by Nicole Gooding - Ray. VOTE: Consensus AGENDA ITEM #2: ITEMS HEARD AT THE FEBRUARY 24, 2003 PUBLIC HEARING a. Outdoor Lighting Standards Text Amendments Presenter: Carla Thames PURPOSE: To provide a recommendation to the Board of County Commissioners regarding Outdoor Lighting Standards. BACKGROUND: Presently, the Orange County Zoning Ordinance does not have any outdoor lighting standards for new or existing development. Generally, the lighting information that the County reviews has been submitted as part of the site plan approval, limiting oversight to those projects requesting a construction authorization. As development and population numbers increase in the County an effective lighting standards ordinance that reflects community values can be an important component in helping to maintain a high quality of life. On occasion, the Planning Department receives complaints that specific lights exceed the brightness necessary to accomplish a particular task. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. More recently, there have been concerns about the general loss of darkness during the nighttime hours. `Light Pollution', the common term for sky glow, adversely affects astronomical 011 Benedict: We would like to put something in place to have this done with new subdivisions before they are approved. An informational booklet given to the contractors in the area would be possible. b. Enforcement Procedures Text Amendments Presenter: Tom King PURPOSE: To make recommendation to Board of County Commissioners regarding proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both Ordinances. BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action — Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties — Offender subject to penalty of $100.00 after notice sent to offender and demand for civil penalty payment made by BOCC. Penalties accrue daily. • Injunction and Abatement — Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order — Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. PRESENT ORDINANCE PROCEDURE MANDATES THAT THE BOCC, BY RESOLUTION, MAKE DEMAND FOR PAYMENT OF CIVIL PENALTIES AFTER NOTICE OF SAID CIVIL, PENALTIES HAS BEEN COMMUNICATED TO THE OFFENDING PARTY. THE DEMAND MUST BE MADE BEFORE THE ZONING OFFICER OR THE COUNTY ATTORNEY MAY TAKE ANY COLLECTION ACTION. STAFF HAS PURSUED CIVIL PENALTIES PRIOR TO INSTITUTING ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH THE EXCEPTION OF STOP WORK ORDERS. THIS PROCEDURE IS TIME CONSUMING AND, GIVEN THE HIGH NUMBER OF VIOLATIONS THAT STAFF RECEIVES THROUGH OUTSIDE COMPLAINTS, REQUIRES SIGNIFICANTLY MORE TIME BEING SPENT ON PAPERWORK THAN ON ACTUAL FIELD INVESTIGATIONS AND ENFORCEMENT. The proposed changes in the Ordinance revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The amendments also authorize the Planning Director /Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. Subdivision Regulations 4 21 The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). Again, as in the Zoning Ordinance, there is very little guidance on notification of violations and the citation procedure. • Criminal Action — Offender guilty of a misdemeanor punishable by fine of no more than $50.00 or thirty (30) days in jail. Civil Penalties — Offender subject to fee of $50.00. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement — Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. • Judicial enforcement through equitable remedies by a Court of law. The proposed changes in the Regulations revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The civil penalty fine is increased from $50.00 to $100.00 to match the amount provided for in the Zoning Ordinance. The Stop Work Order provision has also been added to the Regulations. Information/Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address County's desire for voluntary Ordinance compliance over formal enforcement measures. a. The proposed Ordinance has been amended to add a Purpose and Intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinance has been amended so that initial contact with offender will be made in person or by telephone. 3) Concern over posting of notice on property (absentee landowner -tenant removes posted notice - landowner unaware of violation). a. Ordinance allows for various methods of notice. The proposed Ordinance has been amended to require the Zoning Officer to attempt, in every case, to provide the violator with written notice of the violation either in person or by certified mail. 4) In addressing violations that have ceased, yet re- occurs within two (2) years, what would happen if the property was sold? How would the violation be handled? a. The proposed Ordinance has been amended to state that a new notice is not required when a notice of violation of the same kind/type has been issued to the same violator. A new notice will be required if the property has been sold to an entity different from the owner initially notified. 5 22 5) Concern over allowing Zoning Officer to make demand for civil penalties and in settlement of monetary penalties. No public recourse to approach BOCC to discuss violation. Give BOCC responsibility of allowing for extensions of time limits to correct Zoning Violations. Zoning Officer to provided recommendation to BOCC in such instances. a. The BOCC currently makes demand for civil penalties under the current Zoning Ordinance. The BOCC has set the civil penalty under the current Zoning Ordinance. The proposed change allows for the Zoning Officer to make demand for payment and settle monetary penalties. The civil penalty, under the proposed Ordinance, is set by the BOCC. The BOCC suggested allowance of opportunity for public to address them by giving the BOCC responsibility for allowing extensions of time limits to correct zoning violations. b. The proposed Ordinance has been amended to allow the offender to request a time extension through the BOCC. 6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) and $50 (Subdivision Regulations) to $500 in each Ordinance. a. The rationale for the increase in the amount of the civil penalty is to provide another tool to use to obtain compliance with the Ordinance/Regulations. b. Staff proposes to leave the civil penalty fine at $100 (Zoning Ordinance) and increase civil penalty from $50 to $100 in the Subdivision Ordinance so that penalties will be consistent in both Ordinances. 7) Concern over Zoning Officer having discretion over settlement of claims regarding civil penalties. a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer will be allowed to determine at what point penalties begin. These are determined during the notification period. Process 1) Public Hearing held on February 24, 2003. 2) Ordinance Review Committee meeting on April 2, 2003. 3) Planning Board meeting on April 2, 2003. Recommendation to be returned no later than May 20, 2003. 4) BOCC to make final decision. FINANCIAL IMPACT: No public financial impact. RECOMMENDATION(S): Planning Staff recommends approval of the proposed Ordinance. King: Presented the handout entitled "Zoning & Subdivision Ordinance Revisions ". Triebel: What are the top 3 types of violations? King: Junk vehicles, illegal construction without a permit, and illegal types of business. T 23 Gooding -Ray: There was concern about the amount of the civil penalties at the Public Hearing. The County Commissioners expressed a concern about individuals having an opportunity to come before them. Why does the extension of time limit have to be in writing? There are quite a few members in the community that can't write. If you could ask them for the information over the phone I believe that would be better. Davis: I'm not sure that would be the best avenue since the document would be posted several different places. King: We could develop a simple form with the technical information already completed and they could sign it. c. Stream Classification Text Amendments PURPOSE: To make a recommendation to the Board of County Commissioners regarding the proposed Stream Classification and Buffer Amendments to the Zoning Ordinance. BACKGROUND: The North Carolina Division of Water Quality (DWQ) in the Department of Environment and Natural Resources is the agency responsible for statewide regulatory programs in groundwater and surface water protection. The DWQ mission is to preserve, protect and enhance North Carolina's water and groundwater resources through quality monitoring programs, efficient permitting, responsible management, fair and effective enforcement and excellence in public service. This charge is carried out through resources at both the state and local levels. The statewide watershed protection program is an example of state and local government regulatory powers. The County's watershed protection program requires stream buffers be established and enforced along all solid and intermittent blue line streams as identified on the United States Geological Survey (USGS) topographic maps. Presently, stream buffers within Orange County's zoning jurisdiction are only required along streams identified on USGS topographic maps. The USGS maps do not protect all water features that are important to water quality. The DWQ estimates that streams represented on USGS topographic maps underestimate the actual presence of streams by approximately 25 %. These underrepresented types of streams, which have a high level of impact on water quality, are not protected at all under the County zoning stream buffer regulations. Another major shortcoming of the sole use of USGS maps is that the streams, which are identified on the maps, are based on aerial photography with no field verification. This lack of field verifications by the USGS creates problems, acknowledged by the DWQ, with regard to enforcement of the stream buffer regulations on a lot -by -lot basis. Three common problems encountered include, but are not limited to, disputes as to whether a USGS stream actually exists, disputes as to whether the location of said USGS stream is as shown on the map and disputes concerning whether the floodplain is properly mapped based on the inaccurate location of a USGS stream. h 24 APPROVED 4115/2003 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD JOINT PUBLIC HEARING AGENDA February 24, 2003 The Orange County Board of Commissioners and the Orange County Planning Board met in joint session for a public hearing on Monday, February 24, 2003 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Moses Carey, Jr., Alice M. Gordon, Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Chair Nicole Gooding -Ray and members Jay Bryan, Barry Katz, Craufurd Goodwin, Ted Triebel, Rachel Preston, Howard McAdams, Maria Tadd, and Renee Price PLANNING BOARD MEMBERS ABSENT: Vice -Chair Hunter Schofield NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. A. OPENING REMARKS FROM THE CHAIR Chair Brown said that some items that were supposed to be addressed at the meeting last week (February 17th) would be delayed. Item 9 -a regarding the school systems merger will be delayed until March 5h. Also, items 5-a and 6 -a will be addressed March 5th. The closed session will also be addressed on March 5"'. B. PUBLIC CHARGE - The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS Planning Board Chair Nicole Gooding -.Ray chaired these items. 1. Orange County Zoning Ordinance Text Amendments Verbatim Minutes from audiotape of the Text Amendment regarding Outdoor Lighting. Nicole Gooding -Ray, Chair, Orange County Planning Board: "The first item on the agenda is an Orange County Zoning Ordinance Text Amendment regarding Outdoor Lighting and we are going to hear a presentation from staff." 25 County Attorney Geoff Gledhill said that no County zoning regulations apply to bona fide farming operations. Commissioner Halkiotis noted that 17 years ago he and Commissioner Carey had the opportunity to protect Mr. Nichols' dairy cows when a former tax collector went after them as manufacturing units under the North Carolina Machinery Act. John Link said that the staff should respond to Commissioner Gordon's comment about full disclosure and that they pursue due diligence about the impacts on citizens. Under Section 2, where it says, "The stream buffer shall extend around the perimeter of all water bodies including ponds and lakes." He said that there may be someone without a bona fide farm that has 10 acres of land and they want to build a house and this will eliminate the possibility. This could affect small landowners. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to receive the Planning Staffs Recommendation and to refer the proposed amendment and to refer the proposed amendment to the Planning Board for a recommendation to be returned to the BOCC no later than May 20, 2003. VOTE: UNANIMOUS c. Amend Article 23 (Enforcement) to streamline the citation procedure for zoning violations, to establish procedural guidelines for violation notifications, to allow the Zoning Officer to process civil penalties. An increase in the civil penalty from $100.00 to $500.00 per violation is also a part of the amendment. 2. Orange County Subdivision Regulations Text Amendments a. Amend Section VII (Legal Status Provision), Sub - section VII -E (Penalties for Violation), to identify the citation procedure for violations, and establish procedural guidelines for violation notification, to allow the Planning Director to make assessments for civil penalties, and increases the civil penalty from $50.00 to $500.00 per violation. Craig Benedict said that within this ordinance is how the County identifies with recurring violations and how to provide notices. The County still plans to have personal delivery with registered and certified mail. Civil penalties are suggested to increase from $100 to $500 per day. Presently the demand for payment occurs from the County Commissioners. The recommendation is that the demand for payment occurs with the staff and the courts. The definition of a violation and a violator has been enhanced. The attorney's office has worked closely with the zoning staff to examine the ways to bring violations to a faster conclusion that is fair with full notification and disclosure. He showed a procedural chart of the process of civil penalties. He said that presently there is a backlog of zoning compliance issues because they do not proceed past a certain point and there is no expeditious manner to bring them to a conclusion. John Link assured the Board that before the matters are carried to court that the person involved will know exactly what is involved. Commissioner Jacobs made reference to 23.2.2 and said that the person can be given notice in person or by certified mail. He would like to be assured that there is a personal documented visit first. He made reference to 23.2.3 and read, "a notice of violation is not required where a notice of the same violation has been issued to the same violator at the same 26 property within the previous two years." He asked if someone could have 700 days of $500 a day fines accrue and not get another notice. Craig Benedict said that if a violation is resolved and then the violation is reactivated within the two year timeframe, then a notice is not required to have the repeat violation. Geoff Gledhill said that the idea is that this is not a continuing violation, but the previous one had been stopped and the violator has later resumed the violation. Commissioner Jacobs asked if the appeal would now go to the Board of Adjustment. Geoff Gledhill said that the appeal of the zoning officer's determination has always been to the Board of Adjustment. The difference is that the County Commissioners demanded the civil penalties and this would now be at the staff level. Commissioner Gordon said that it might be possible to work in a visit by a person by giving the person an option. Commissioner Halitosis cautioned the Board of County Commissioners. He said that the Board has given up enough in this County. He said that giving away opportunities for appeal to paid staff is setting a dangerous precedent. Commissioner Carey made reference to 23.4.4 and said that this provides for the Planning Director to make decisions about settlement or mitigation of the civil penalty in instances where appropriate. He thinks it is important that we reflect in here that what we are after is compliance and not money. He would like the language to reflect that the County wants compliance because the objective is not clear. Craig Benedict agreed that this language should be added. Commissioner Gordon asked about the impetus for this amendment and if it was brought forward by the Planning staff. Craig Benedict said that they have had a difficult time in getting compliance on a variety of issues. There have been difficulties with definitions. The amendment is staff generated and the attorney's office also helped. Commissioner Gordon asked if there was a way in this process for someone to access the County Commissioners formally. Craig Benedict said yes and explained the process. Commissioner Halkiotis said that he has watched Geoff Gledhill go after the biggest offender in Efland for years. He does not know what it will take to straighten this out. He does not see how this amendment is going to help the County. Commissioner Jacobs made reference to the visit and said that all he was suggesting is that someone call first and make an attempt and leave a written notice to document that there was a visit. He said that he would feel more comfortable with 23.2.6 if it read, "The recipient of the notice of violation, correction order, or stop work order, or the owner of the property on which the violation occurs may submit to the Board of County Commissioners a written request for extension of the notice or order, specified time limit for correction of the violation. The zoning officer will recommend whether the time limit should be extended. The Board of County Commissioners will determine whether the violation cannot be corrected within the specified time limits for reasons beyond the control of the person requesting the extension." This would allow some opportunity for someone to come before the Board for an extension of time. Chair Brown said that she thinks that this is protecting people who buy property in the County if their neighbors become collectors of junk. She is in favor of a good ordinance that does its job. People call her regularly about horrible things in their neighborhood. Commissioner Carey said that he understands that the staff is trying to wean the Board of County Commissioners from getting involved in each case. Renee Price is concerned from the jump in the fine from $100 to $500 per day. Craig Benedict said that the fines are allowed up to $500 and it does not have to be that high. The North Carolina General Statutes has allowed increases to provide some "teeth" in the ordinances. 27 Chair Gooding -Ray said that it does not say "up to" $500 and this should be clarified. Craig Benedict said that the phrase "may impose" was used. He would agree to adding, "may impose up to $500" to further clarify it. There was no public signed up to speak to this item. Chair Gooding -Ray said that she is concerned about the issue of notice when there are multiple owners of a property that do not actually live on the premises. This will be discussed further at the Planning Board meeting. A motion was made by Commissioner Gordon, seconded by Commissioner Carey to receive the Planning Stafrs recommendation and to refer to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of County Commissioners no later than May 20, 2003. This includes both sections. VOTE: UNANIMOUS With no further items to address, the public hearing was adjourned at 9:25 p.m. Margaret Brown, Chair Donna S. Baker Clerk to the Board