HomeMy WebLinkAboutRES-2000-090 Resolution for Assessment of Civil Penalties - Bobby F. Patillo Zoning Violation t
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
BOBBY F. PATiLLO ZONING VIOLATION CASE
WHEREAS, Article 23 (Violations. Penalties and Remedies), Section 23.1 (Violations)
of the Orange County, NC Zoning Ordinance 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
Penal!y) of the Orange County, NC 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 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
Penal) of the Orange County, NC 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 ORANGE COUNTY MAKE
THE FOLLOWING FINDINGS OF FACT:
1. Bobby F. Patillo is the owner of the property with a street address of 2106 Jo
Mac Road, Chapel Hill, North Carolina 27516 (hereafter the "property").
2. The Orange County Planning Department received a complaint on June 29, 2000
regarding a singlewide manufactured home located at 2106 Jo Mac Road.
3. On June 30, 2000, an inspection was made by an Orange County building
inspector, and this inspection revealed that a manufactured home was being
replaced without a Building Permit. The building inspector posted a Stop Work
Order on the site. To date, no Building Permit has been issued for the placement
of the manufactured home.
4. A Notice of Zoning Violation dated August 1, 2000 was mailed to the property
owners address. The Notice was received on August 3, 2000 by Bobby F.
Patillo,
5. A second site inspection was performed on August 15, 2000 by the Zoning
Enforcement Officer. The manufactured home remained on the property. A
Notice of Continuing Violation was then delivered to the property, and was
received on August 18, 2000 by Josephine Patillo. This Notice required that the
manufactured home be removed from the site on or by August 25, 2000.
6. A third inspection took place on September 18, 2000. At that time, the
manufactured home remained on the property.
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners hereby finds that Bobby F. Patillo is in violation of the Orange County
Zoning Ordinance and that this violation has been ongoing since June 30, 2000, and
that each day's violation is a separate and distinct offense. Bobby F. Patillo is indebted
to Orange County, North Carolina in the amount of $8,100.00 for violation of Section
21.4 (Zoning Compliance Permit Required) and Section 6.3.2(1) (Principal Structures),
of the Orange County, NC Zoning Ordinance.
IN WITNESS WHEREOF, Orange County has duly caused this instrument to be
executed under seal this the day of October, 2000.
Commissioner moved passage of the immediately
foregoing Resolution, and Commissioner seconded
the motion, and the Resolution was passed by the following vote:
Ayes:
Nos: