HomeMy WebLinkAboutRES-2001-108 Resolution for Assessment of Civil Penalties – DREES Company Zoning Violation at Churton Grove Subdivision --z
RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
DREES COMPANY ZONING VIOLATION CASE
WHEREAS, Article 23 Violations, Penalties, and Remedies), Section 23.1 states
that "Whenever, 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 on 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 wam 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. Drees Company is the owner of Lot#31, Churton Grove Subdivision, Phase 1; (hereafter
the "property").
2. The Zoning Enforcement Officer made an inspection of the property on July 9, 2001. The
inspection revealed that an illegal sign was located on Lot #31 of Churton Grove
Subdivision, Phase I. Photographs of violation taken.
3. A Notice of Zoning Violation was mailed certified mail, return receipt requested, to the
property owner (Drees Company) on July 24, 2001. Sign was to be removed
immediately. The Notice was received by the property owner on July 26, 2001.
4. A second site inspection was performed on October 24, 2001. No change in violation
status.
5. Third site inspection performed on October 29, 2001. No change in violation status.
6. Fourth site inspection performed on October 30, 2001. No change in violation status.
7. Fifth site inspection performed on November 6, 2001. No change in violation status.
8. A Notice of Request for Assessment of Civil Penalties in Connection with a Continuing
Zoning Violation was sent to the property owner via certified mail, return receipt
requested, on November 9, 2001. A copy of the Notice of Zoning Violation was
attached. The Request noted that civil penalties in connection with the violation would
be assessed beginning on November 6, 2001. The Notice was received by the property
owner on November 13, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County Commissioners that
Drees Company owns property in Churton Grove Subdivision, Phase I that is being used in
violation of the Orange County, N.C. Zoning Ordinance and that this violation has been ongoing
since July 9, 2001, and that each day's violation is a separate and distinct offense. Drees
Company is indebted to Orange County, North Carolina in the amount of $100.00 per day,
beginning on November 6, 2001, for violation of Section 9.2 (Signs Not Subject to Permit
Requirements), of the Orange County, N.C. Zoning Ordinance.
Upon motion of Commissioner Margaret W. Brown, seconded by Commissioner Moses Carey,
Jr., the foregoing resolution was adopted this the 19th 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, 2001 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.
S
Clerk to theAoard of Comr6iAioners
95