HomeMy WebLinkAboutAgenda - 01-17-1995 - IX-E OR AN G E C O U N T Y
BOARD OF COUNTY COMMISSIONERS 1
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 17, 1995
Action Agenda
Item
SUBJECT: Zoning Enforcement Cases (Civil Penalties)
ACTION BY:
DEPARTMENT: PLANNING PUBLIC HEARING Yes —x—No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
Extension 2584
Summaries of Zoning Cases
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To request the Board of County Commissioners to assess and
to make written demand for payment of civil penalties for
three zoning violations of the Orange County Zoning
Ordinance.
BACKGROUND: In accordance with Article 23. Violations, Penalties, and
Remedies of the Orange County Zoning Ordinance, after
remediation efforts have been exhausted by the Zoning
Enforcement Officer, the Board of County Commissioners may
assess civil penalties and make demand for payment
in furtherance of correcting a violation (Section 23.2
Penalties) . Three cases are presented for consideration.
RECOMMENDATION: The Administration recommends that the Board of County
Commissioners assess civil penalties and make demand for
payment in the following zoning violation cases:
1. Jerry W. Baldwin of 1320 Ferguson Road (Tax Map No.
6.37B. .5) -- Civil penalties since 1993.
2 . Rebecca and Howard (deceased) Williams of 2711
Buckhorn Road (Tax Map No. 3.54 . . 12) -- $100 per day
since November 1, 1994 = $7,800 as of January 17,
1995.
3. Hoyle M. King of 5609 US 70 and James M. King of 1503
Buckhorn Road (Tax Map No. 3.28. .28 & 28A) -- $100 per
day since December 2, 1994 = $5,000 as of January 17,
1995.
ZONING CASE SUMMARIES 2
Case No. 145 Jerry W. Baldwin who owns property at 1320 Ferguson Road
has been cited three times for illegal dumping since 1993.
The County Attorney has visited the site with the Zoning
Enforcement Officer on two occasions. Conversations were
held with Mr. Baldwin on four occasions. Mr. Baldwin has
followed some of the directives for correcting the
violation two times, but he has continued to dump
intermittently a short time after being cited. Materials
dumped on the premises include building waste, razed
building materials, roofing shingles, plastics, metal,
etc. The illegal dump is located in the AR Agricultural-
Residential (Haw-PW) Zoning district. Runoff from the
dump runs into the creek which borders the western side of
the property.
Case No. 189 Rebecca and Howard (deceased) Williams who own property on
the southwest corner of Buckhorn and Mt. Willing Roads
have been cited for keeping junked motor vehicles on the
premises since April 1990. Over the years the situation
has improved from time-to-time and reverted to violation.
Six letters have been sent and five personal meetings have
been held concerning the matter. Since Mr. Williams died
in August 1994, assistance has been provided by the
Planning Office to rectify the matter. Four vehicles have
been removed, but two remain. During the past two years
communications have been with a son, Mr. Danny Williams,
who has been cooperative. The violation, however,
remains.
Cases Nos. 2 Hoyle King was first cited for a zoning violation at 5, )9
and 184 US 70 in 1989. The County has taken court action against
him on four occasions since then with less than successful
results. During the past two years, Mr. King has reverted
to depositing junked motor vehicles on the property of
others to correct violations for which he is cited on his
own property. One property is that of his son, James
King, who owns property immediately to the east at 5509 US
70. This property is subject to having junked motor
vehicles parked on it by Hoyle King on a continuing basis.
James King has also been cited for this zoning violation.
Violations continue unbeknownst to James King.