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HomeMy WebLinkAboutAgenda - 02-12-1996 - X-C L ORANGE C O U N T Y 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 5, 1996 Action Agenda Item #_ SUBJECT: ZONING ENFORCEMENT CASES (CIVIL PENALTIES) ACTION BY: DEPARTMENT: PLANNING PUBLIC HEARING: Yes_xNo BUDGET AMENDMENT REQUIRED: Yes x_No ATTACHMENT(S) : INFORMATION CONTACT: Case Summaries for Four Zoning Violations Jim Hinkley Extension 2584 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To request the Board of County Commissioners to make written demand for payment of civil penalties for four zoning violations. BACKGROUND: David Lee and Debbie A. Burton, Burton's Auto Detailing, of 1604 Ferguson Road in Bingham Township were cited on June 23 and July 20, 1995, for sign violations and operating a business from their home in a residential district without a Home Occupation Permit. Letters and telephone conversations have failed to gain response and compliance. Jack L. Hurley of 1100 Squires Road (Tax Map No. 3.43. .26) was cited on April 10, August 1, and October 10, 1991, for storage of junked and wrecked motor vehicles. When no corrective action was taken, the Board of County Commissioners were asked to assess civil penalties; he was granted a 30-day extension. He corrected the violation. A June 25 site inspection revealed the same type violation. Mr. Hurley was cited again on August 8 and 23, and warned of civil penalties on October 10, 1995. Directives were given to remove all junked motor vehicles from the premises on or before September 26. Letters have failed to bring about correction of the violation. John M. Jabe and I. Jean Jabe, Miken Power Washing, Inc., of 5512 Quail Hollow Drive in Eno Township (Tax Map No. 2 1.28A. .2F) were cited on June 22, August 22, and October , 10, 1995, for operating a business from their home. Directives in letters and in telephone conversations requiring application for a Home Occupation Permit to allow the business to continue with conditions have been unsuccessful. Letters, telephone conversations, and face- to-face talks have failed to bring about correction of the violation. Bobby Alfred Johnson and Cinderella Johnson, Bobby's Auto, Trucks, & Equipment Painting at 4602 Mt. Sinai Road were cited on June 1 and 20, 1990; September 7, 1994; and on September 8, 1995, for operating a non-conforming motor vehicle repair garage, selling motor vehicles, and storing junked and wrecked motor vehicles beyond the original area of business defined at the time zoning was adopted for Chapel Hill Township on February 6, 1967. In spite of numerous face-to-face and telephone conversations, little has been done to rectify the situation. Letters, telephone conversations, face-to-face talks including those of the Assistant County Attorney have failed to bring about correction of the violation. RECOOMNDATION: The Administration recommends that the Board of County Commissioners make demand for payment of civil penalties upon the following persons in the respective amounts for continuing violations of the Orange County Zoning Ordinance: David Lee and Debbie A. Burton, Burton's Auto Detailing $1,000 Jack L. Hurley $2,000 John M. Jabe and I. Jean Jabe Miken Power Washing, Inc. $1,000 Bobby Alfred Johnson and Cinderella Johnson Bobby's Auto, Trucks, & Equipment Painting $2,000 I 3 BURTON CASE SUMMARY - CASE #347 Property Owners: David Lee and Debbie A. Burton, Burton's Auto Detailing and D&D Auto Detailing Location: 1605 Ferguson Road in Bingham Township Zoning District: RB(UNIV-PW) Rural Buffer (University Lake Watershed) Violations: Operation of a commercial auto detailing business in a residential district. Erection of two signs in the front yard to advertise business operations. Status: This business may qualify for a Home Occupation Permit. Stemming from site inspection on June 6, 1995, the Burtons were first cited for the violations on June 23. After no response, a second letter was sent on July 20. The Burtons responded on July 27 and were informed that a Home Occupation Permit with conditions would allow them to continue operating their business. They stated that they would apply for a Home Occupation Permit immediately. After a telephone reminder on August 8, the Burtons responded by stating that the Permit would be applied for on Monday, August 13. On August 16, Mr. Burton comes to Planning Offices to attain permit forms. On September 13, another reminder telephone call is made to the Burtons. They state that they will apply for the permit on the following Friday, September 15. Applications have not been received, the property and signs remain in violation. A third letter was sent on December 8, with warnings of civil penalty assessment. As of February 5, 1996, the property remains in violation of the Zoning Ordinance. Civil Penalties requested as of January 16, 1996: $1,000 Notice of Civil Penalties Assessment Request sent on December 18, 1995. Second Notice of Civil Penalties Assessment Request sent on January 24, 1996. ti 4 HURLEY CASE SUMMARY CASE #110/357 Property Owner: Jack L. Hurley Location: 110 Squires Road (Tax Map No. 3.43. .26) Zoning District: R-1 (U-ENO-PW) Rural Residential (Upper Eno Watershed) Violation: Storing junked or wrecked motor vehicles outdoors. Status: Mr. Hurley was first cited on April 10, August 1, and October 10, 1991. Because there was no correction action taken at that time, the Board of County Commissioners were asked to assess civil penalties. The Board granted Mr. Hurley a 30-day extension. He rectified the violation within 30 days. In June 1995, neighbors complained again, and inspection was conducted on June 25. Mr. Hurley was cited on August 8 and 23, and warned of civil penalties on October 10, 1995. Mr. Hurley was directed to remove all junked motor vehicles from the premises on or before September 26. The property remains in violation as of January 16, 1996. Civil Penalties requested as of January 16, 1996: $2,000 Notice of Civil Penalties Assessment Request sent on December 18, 1995. Second Notice of Civil Penalties Assessment Request sent on January 24, 1996. 1 5 JAKE CASE StUIXARY - CASE #348 Property Owners: John M. Jabe and I. Jean Jabe, Miken Power Washing, Inc. Location: 5512 Quail Hollow Drive (Tax Map No. 1.28A. .2F) Zoning District: R-1 (LITTLE-PW) Rural Residential (Little River Watershed) Violations: This business may qualify for a Home Occupation Permit. A. Operation of a business from a residence without a Home Occupation Permit (HOP) . Phone calls to the home are answered, "Mikens Power Washing, may I help you?" B. Outside storage of: 1. A steel-body utility trailer parked in front of the home on the Quail Hollow cul-de-sac; 2. A stake body truck with Miken Power Washing painted on its side parked in the driveway beside the home; 3. A power cleaning tank trailer with an air compressor and steam cleaning equipment parked in the driveway in the front yard; and 4 . A full-size pick-up truck parked in the driveway with MIKEN POWER WASHING, INC. 1-800-870-0632: COMMERCIAL AND INDUSTRIAL CLEANING painted on its doors with cleaning equipment in its bed. Status: In response to several complaints of neighbors, field investigation is first conducted on June 20, 1995, followed by a letter on June 23. Ms. Jabe calls on June 26. It is explained to her that the business may qualify as a home occupation. She says that they will apply for a permit by June 30. No action is taken. Complaints continue. This office calls as a reminder. Ms. Jabe says Mr. Jabe will be coming in on August 8 to apply for an HOP. August 14 site inspection reveals that the violation continues; a face-to-face conversation about the matter is had with Mr. Jabe who says he will be in to apply for a permit at the beginning of the following week. A second letter is sent on August 22, and a third letter warning of civil penalties is sent on October 10. Mr. Jabe comes into the office on October 16, but does not have complete information for an HOP. He says he will return by the end of the week. As of February 5, 1996, the property remains in violation of the Zoning Ordinance. Civil Penalties requested as of February 5, 1996: $1,000 Notice of Civil Penalties Assessment Request sent on December 18, 1995. Second Notice of Civil Penalties Assessment Request sent on January 24, 1996. ti 6 � JOHNSON CASE SUMMARY CASE #48 Property Owners: Bobby Alfred Johnson and Cinderella Johnson, Bobby's Auto, Trucks, & Equipment Painting Location: 4602 Mt. Sinai Road (Tax Map No. 7.6. .40A) Zoning District: RB Rural Buffer Violations: Expanding a non-conforming motor vehicle repair garage beyond the original business boundaries; and Storing junked or wrecked motor vehicles outdoors; Status: In response to complaints of neighbors, site inspection was first conducted on May 31, 1990, followed by letters on June 1 and 6. The Johnsons were directed to: 1. Stop immediately the display of motor vehicles for sale in front of their home; 2. Remove all junked motor vehicles from the premises; 3. Never store junked motor vehicles on the premises again; 4. Strictly limit the business to only that area around the garage in the northwest corner of your property in the original non-conforming business area (75 feet wide, east-west, and 100 feet deep, north-south) on or before September 11, 1995. This area needs to be flagged for identification on or before September 11, 1995; and 5. Fence the 75' X 100' area so that your business cannot be seen from the road and neighboring properties on or - before October 30, 1995. Only item #1. has been implemented as of January 16, 1996. Civil Penalties requested as of February 5, 1996: $2,000 Notice of Civil Penalties Assessment Request sent on December 18, 1995. Second Notice of Civil Penalties Assessment Request sent on January 24, 1996.