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Home My WebLink AboutAgenda - 09-16-1997 - 9a 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Seplember 16, 1997 Action Agenda Item SUBJECT: CHARLES F.AND ANNIE C. CAPERS--ASSESSMENT OF CIVIL PENALTIES ACTION BY: September 16, 1997 DEPARTMENT: PLANNING PUBLIC HEARING: Yes_X_No BUDGET AMENDMENT REQUIRED: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Jim Hinkley EXTENSION: 2584 Notifications of Zoning Violations(2) Notification of Civil Penalty Assessment TELEPHONE NUMBERS: Vicinity Map Hillsborough- 732-8181 Durham - 688-7331 Mebane -227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of assessment of civil penalties for zoning violations. BACKGROUND: A complaint was received about the operation of a motor vehicle maintenance and repair business on the Charles F. and Anne C. Capers property a 4125 Willis Road (Tax Map No. 6.37B..9C) on February 17, 1997. Site inspection on February 21, confirmed violation of Section 4.3 Permitted Use Table, (S24) Motor Vehicle Maintenance and Repair and further revealed that the use of the property was also in violation of Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles of the Ordinance. The property is zoned AR Agricultural-Residential. Neither motor vehicle maintenance and repair nor storage of junked or wrecked motor vehicles is permitted in the AR district. 2 Section 6.16.7 of the Zoning Ordinance states: The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts. This section does not apply to any motor vehicle in an enclosed building which building conforms to applicable building code and zoning regulations or which building lawfully exists as a non-conforming use under applicable building code and zoning regulations. Junked or Wrecked Motor Vehicles are defined in the Zoning Ordinance as: Motor vehicles which do not display a current license plate or a current registration sticker and which do not display a current inspection sticker issued by or in the same state as the license plate or registration sticker and which either: (a)are partially dismantled or wrecked, or(b) cannot be self-propelled or moved in the manner in which originally intended to move. The Capers were sent a Notification of Zoning Violation on March 5, 1997, and the Zoning Enforcement Officer discussed the zoning violation on-site with Mr. Capers on March 21, who gave verbal assurances that the violation would be corrected. Some progress toward compliance was made after the notification. A second notice of violation was sent to the Capers on July 17, after it was evident that progress was not being made toward compliance. Requests for contacting the Planning Office went unheeded. Nothing was heard from the Capers. Site inspections revealed no progress. Appearances were that the Capers were away for some period of time. There was no response to this second notification. In accordance with Article 23. Violations Penalties and Remedies, Section 23.2 b) Civil Penalty, a notification warning of civil penalty assessment was sent to the Capers on August 26. The Capers have yet to be heard from, and subsequent site investigations show no progress toward compliance. If assessments were made at$100 per day(the maximum allowed by the Zoning Ordinance),civil penalties on September 16,would amount to$5,300. RECOMMENDATION: The Administration recommends that the Board of County Commissioners consider assessing civil penalties in the amount of$500 payable within 30 days of the assessment. If the amount is not paid within that time, the case should be turned over to the County Attorney to take appropriate action. 3 ` ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH NORTH CAROLINA 27278 u u March 5, 1997 Mr. Charles F. Capers Ms. Annie C. Capers 4125 Willis Road Chapel Hill , NC 27514 In the matter of: NOTIFICATION OF ZONING VIOLATION Dear Mr. & Ms. Capers: This office inspected your property at 4125 Willis Road (Tax Map No. 6.37B. .90 on February 28, 1997, and found it to be in violation of Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles and Section 4.3 Permitted Use Table, S19 Junkyards and S24 Motor Vehicle Maintenance and Repair of the Orange County Zoning Ordinance. It was found that at least forty junked or wrecked motor vehicles are being stored on the premises. Your property i,� zoned AR Agricultural -Residential . The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts, and the repair and maintenance of motor vehicles are not permitted uses in the AR District. Please contact this office to discuss the violations at 968-4501, X2584. Thank you for attention to this matter. Sincerely. James R. Hinkley, AICP Zoning Enforcement Officer XC: Geoffrey E. Gledhill , County Attorney Melissa Garrell , Assistant County Attorney Marvin E. Collins, Planning Director Mary B. Willis. Current Planning Supervisor ORANGE COUNTY PLANNING DEPARTMENT a ►� 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 i u a It Co. i July 17, 1997 Mr. Charles F. Capers Ms. Annie C. Capers 4125 Willis Road Chapel Hill, NC 27514 In the matter of: SECOND NOTIFICATION OF ZONING VIOLATIONS Dear Mr. & Ms. Capers: This office sent you a Notification of Zoning Violation on March 5, 1997, and visited with you on your property at 4125 Willis Road (Tax Map No. 6.376..9C) on March 21, 1997. Since that time, your property has been inspected several times to find that you were making progress in correcting the zoning violations by moving a number of junked or wrecked motor vehicles from the premises. Your property was inspected again on July 7, 1997, and found that progress toward compliance with the ordinance has stopped. Your property continues to be in violation of Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles and Section 41 Permitted Use Table, S19 Junkyards and S24 Motor Vehicle Maintenance and Repair, of the Orange County Zoning Ordinance. It was found that at least 15 junked or wrecked motor vehicles are still being stored on the premises and that maintenance and repair activities continue. Your property is zoned AR Agricultural-Residential. The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts, and the repair and maintenance of motor vehicles are not permitted uses in the AR District. Section 6.16.7 of the Zoning Ordinance states: The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts.. This section does not apply to any motor vehicle in an enclosed building which building conforms to applicable building code and zoning regulations or which building lawfully exists as a non-conforming use under applicable building code and zoning regulations. Junked or Wrecked Motor Vehicles are defined in the Zoning Ordinance as: , r Mr. Charles F. Capers Ms. Annie C. Capers July 17, 1997 . Page Two Motor vehicles which do not display a current license plate or a current registration sticker and which do not display a current inspection sticker issued by or in the same state as the license plate or registration sticker and which either. (a) are partially dismantled or wrecked, or (b) cannot be self- propelled or moved in the manner in which originally intended to move. You are hereby directed to correct these violations by: 1. Closing your business on the premises; and 2. Removing all junked or wrecked motor vehicles from the premises. If these violations are not corrected by carrying out the tasks listed in directives #1 & #2 in the above on or before Monday, August 1, 1997, this office will request the Board of County Commissioners to assess you civil penalties in the amount of$100 per day beginning on August 2, 1997, until the violations are corrected. You have the right to make an appeal from this order to the Orange County. Board of Adjustment within 30 days of the date of this letter. Thank you for attention to this matter. Please contact this office with your questions at 968-4501, X2584. Sincerely, Jame R. inkley, AICP Zoning Enforcement Officer XC: Geoffrey E. Gledhill, County Attorney Melissa R. Garrell, Assistant County Attorney Marvin E. Collins, Planning Director Mary B. Willis, Current Planning Supervisor ORANGE COUNTY PLANNING DEPARTMENT 6 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ,r V � V Y August 26, 1997 Mr. Charles F. Capers Ms. Annie C. Capers 4125 Willis Road Chapel Hill, NC 27514 in the matter of: NOTIFICATION OF CIVIL PENALTY ASSESSMENT Dear Mr. & Ms. Capers: This office sent you Notifications of Zoning Violation on March 5, and July 17, 1997, and visited with you on your property at 4125 Willis Road (Tax Map No. 6.37B..9C) on March 21, 1997. Since that time, your property has been inspected several times. It was found that you were making progress in correcting identified zoning violations by moving a number junked or wrecked motor vehicles from the premises. Your property was inspected more recently on August 1, 11, & 22, and it was found that progress toward compliance with the ordinance has apparently stopped completely. Your property continues to be in violation of Section 6.16.7 Storage of Junked or Wrecked Motor Vehicles and Section4.3 Permitted Use Table, S19 Junkyards and S24 Motor Vehicle Maintenance and Repair, of the Orange County Zoning Ordinance. Your property is zoned AR Agricultural-Residential. The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts, and the repair and maintenance of motor vehicles is not a permitted land use in the AR District. On July 17, 1997, you were directed to correct these violations on or before August 1, 1997, by: 1. Closing your business on the premises; and 2. Removing all junked or wrecked motor vehicles from the premises. You were warned that if these violations were not corrected on or before Monday, August 1, 1997, this office would request the Board of County Commissioners i 7 Mr. Charles F. Capers Ms. Annie C. Capers August 26, 1997 Page Two to assess you civil penalties in the amount of$100 per day beginning on August 2, 1997, until the violations are corrected. Plans are now being made to appear at the Board's meeting of September 16, 1997, to make this request to assess civil penalties. As of the date of this letter, civil penalties to be assessed against you have accumulated to the amount of $2,400. Please contact this office at 968-4501, X2584 to determine how this matter may be settled and assessments can be avoided. Sincerely, James R. Hinkley, AICP Zoning Enforcement Officer XC: Geoffrey E. Gledhill, County Attorney Melissa R. Garrell, Assistant County Attorney Marvin E. Collins, Planning Director Mary B. Willis, Current Planning Supervisor t 8 AIR 3ost.o �.. R!H 3 4C 2 t0i�•o S 4 05 AC ` )0 6 A pk, f\S JS .e7le ii4e L. O 4 63 AC, S 58 q .ee10 k, 1.12AC 3.4A + .. C �e1z 3eie / ' w t 2.19 AC 2 03AC r 6 ,,� 12 16 AC. 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