HomeMy WebLinkAboutRES-2001-106 Resolution for Assessment of Civil Penalties – Hulan Bradshaw & Dolley Torain Zoning Violation – Storage of Unanchored, Unsecured Manufactured Home RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
HULAN BRADSHAW & DOLLEY B. TORAIN ZONING VIOLATION CASE
WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.1 (Violations), states
that "[W]henever, by the provisions of this Ordinance, the performance of any act is prohibited,
or whenever any regulation, dimension or limitation is imposed on the use of any land, or on the
erection or alterations or the use or change of use of a structure, or the uses within such
structure, a failure to comply with such provisions of this Ordinance shall constitute a separate
violation and a separate offense.", and
WHEREAS, Article 23 (Violations, Penalties and Remedies), Section 23.2(b) (Civil Penalty) of
the Orange County, NC Zoning Ordinance allows for the assessment of civil penalties in the
amount of$100.00 in securing the abatement of violations of the Ordinance, and
WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.2(b) (Civil Penalty) of
the Orange County, N.C. Zoning Ordinance states that"[N]o penalty shall be assesses until the
person alleged.to be in violation has been notified of the violation by registered or certified mail,
delivery restricted to addresses only, return receipt requested, or other means reasonably
calculated to provide actual notice to the offender. The notice shall describe the violation with
reasonable particularity, specify a reasonable time .period within which the violation must be
corrected and warn that failure to correct the violation within the time period will result in the
assessment of a civil penalty.", and
WHEREAS, Article 23 (Violations. Penalties, and Remedies), Section 23.2(b) (Civil Penalty) of
the Orange County, N.C. Zoning Ordinance states that "[I]n the event the violation is not
corrected within the time period provided in the notice, the Orange County Board of
Commissioners shall make written demand for payment upon the person responsible for the
violation, and shall set forth in detail a description of the violation for which the penalty has been
invoked.",
AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE MAKE
THE FOLLOWING FINDINGS OF FACT:
1. Hulan Bradshaw & Dolley B. Torain are the owners of the property with a street address
of 3714 Mill Creek Road, Efland, North Carolina 27243 (hereafter the "property").
2. The Orange County Planning Department received a complaint on February 21, 2001
regarding storage of an unanchored, unsecured singlewide manufactured home at a
home located at 3714 Mill Creek Road.
3. On February 21, 2001, an inspection was made by the Zoning Enforcement Officer. The
inspection revealed that an unanchored, unsecured singlewide manufactured home was
being stored on the site. Photograph of violation taken.
4. A Notice of Zoning Violation was mailed certified mail, return receipt requested, to the
property owners on March 1, 2001. Compliance date was set at March 15, 2001. The
Notice was received on March 2, 2001 by Hulan Bradshaw.
5. Mr. Bradshaw visits Planning & Inspections Office to discuss the situation with the
Zoning Enforcement Officer. Home is being remodeled for a relative.
6. A second site inspection was performed on April 9, 2001. No change in situation.
7. Mr. Bradshaw visits Planning & Inspections Office and discusses possibility of
subdividing some adjacent property on which to place the manufactured home. Carla
Bateman, Planner I, discusses process with Mr. Bradshaw.
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Compliance 8. Third site inspection performed on May 15, 2001. No change in the status of the
violation was observed. Complainant,phoned again on June 20, 2001 and stated that
home was still on property. A Second Notice of Zoning Violation was sent via certified
mail, return receipt requested, on June 20, 2001. A copy of the Notice of Zoning
Violation was attached. March _-` 31. 2001. Notice
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9. Mr. Bradshaw's son telephones Zoning Enforcement Officer on June 22, 2001 after
hours. He is confrontational and upset regarding the Notices that have been sent to his
10. Complainant phones again on August 9, 2001. Manufactured home is still on property.
11. Fourth site inspection performed on October 15, 2001. Manufactured home is still on
12. A Notice of Request for Assessment of Civil Penalties in Connection with a Continuing
Zoning Violation was sent via certified mail, return receipt requested, on October 17,
2001. A copy of the Second Notice of Zoning Violation was attached. The Request
noted that civil penalties in connection with the violation would be assessed beginning
on October 15, 2001. The Notice was received on October 19, 2001, by Robert
NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County Commissioners that
Hulan Bradshaw & Dolley B. Torain own property that is being used in violation of 'the Orange
County, N.C. Zoning Ordinance and that this violation has been ongoing since February 21,
2001, and that each day's violation is a separate and distinct offense. Hulan Bradshaw& Dolley
B. Torain are indebted to Orange County, North Carolina in the amount of $100.00 per day,
beginning on October 15, 2001, for violation of Section 4.3 (Permitted Use Table), of the Oran-ge
County, N.C. Zoning Ordinance.
Upon motion of Commissioner Alice M. Gordon, seconded by Commissioner BarryJacobs, the
foregoing resolution was adopted this the 1 91h day of November, 2001.
1, Beverly A. Blythe, 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 November 19, 200*1 as it relates in any way to
the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 31
of the Minutes of said Board.
WITNESS my hand and the seal of said County, this the 26th day of November, 2001.
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