HomeMy WebLinkAboutS - Planning - Demand for Payment of Civil Penalties - IX-E ORANGE COUNTY COMMISSIONERS
P.O. Box 8181
200 S. Cameron Street
Hillsborougb, X C
27278
Moses Carey,Jr. 919-732-8181
William L. Crowther 919-968-4101
Alice M.Gordon DEMAND FOR PAYMENT OF CIVIL PENALTIES 919-688-7331
Stephen H.Halkiotis 910-227-2031
Don Wd1boit TO: Mr. Jerry W. Baldwin Certified Letter (Fax)919-644-3004
1326 Ferguson Road Article No.
Chapel Hill, N.C. 27516 Return Receipt Requested
Restricted Delivery
DATE: January 17, 1995
SUBJECT: Zoning Violations
LOCATION: Off Ferguson Road, next to the New Hope Missionary
Church
TOWNSHIP: Bingham MAP REFERENCE: 6.37B. .5 ZONING DISTRICT: AR
The Orange County Zoning Officer last inspected the above
mentioned premises on Monday, January 9, 1995. on that date the
property was found to be in continuing violation of the following
provision of the Orange County Zoning Ordinance:
PERMITTED USE TABLE
Section 4.1 - Establishment of Use Regulations
Except as otherwise provided herein, regulations governing the
use of land and structures are hereby established as shown in the
Schedule of Permitted Uses. Uses not expressly permitted are
prohibited. (emphasis added)
Operation of a landfill is not permitted as of right in the
Agricultural Residential (AR) District. Pursuant to Section 4.2.2
of the orange County Zoning Ordinance:
The purpose of the Agricultural Residential (AR) District
is to assist in the preservation of land suitable, as a
result of location, existing farming operations, soils
and topography, for agricultural, silvicultural or
horticultural uses and to protect such uses from the
adverse effects of incompatible land uses.
Recent inspections have found large amount of waste, in
various stages of being piled, plowed under, burned, and buried on
the premises.
You were first notified of the violation by certified letter
from the orange County Planning Department on November 1, 1991. In
that letter you were ordered to:
YOU COUNT IN ORANGE Co uN7,y!
1. Cease and desist all dumping immediately.
2 . Post "No Trespassing" and "No Dumping" signs on the
property.
3. Construct some form of locked gate to prevent
entrance into the area were the dump is operated.
4. Leave any materials previously dumped there as is
and not burn or bury them.
Records indicate you did post "No Dumping" signs but quickly
removed them.
By certified letter from the Orange County Planing Department
dated October 27, 1992, you were again warned that your property
continues to be in violation of the Orange County Zoning Ordinance.
You were ordered to take the same steps mentioned above. This
certified letter was refused by you and was subsequently sent
regular mail and was not returned.
Again by certified letter from the Orange County Planning
Department dated March 2, 1994, you were informed that your
property was in violation of the Orange County Zoning Ordinance.
You were again ordered to take the same steps outlined above.
Inspections conducted since that date reveal that you have taken no
action to discontinue the use of your land as a landfill. You were
informed in that letter and in previous letters that civil and/or
criminal action may be taken against you, including the assessment
of a $100.00 a day civil penalty for each days violation, if you
did not remedy this situation.
On Tuesday, January 17, 1995, the Board of County
Commissioners discussed this zoning compliance matter at its
regularly scheduled meeting. You were informed of this by letter
from the Orange County Planning Department dated January 12, 1995.
You did not appear at that meeting. At that meeting the Board
voted unanimously to make demand for payment of civil penalties
accrued since March 2, 1994 .
Pursuant to Article 23 .2 (d) of the Orange County Zoning
Ordinance you were to stop the operation of the illegal landfill
upon, receipt of the March 2, 1994, letter. Weekly inspections
subsequent to the March 2, 1994 letter have revealed that new
materials have been dumped each week, proving weekly, if not daily,
use of the land as a landfill. As a result of this use of the
property as a landfill, civil penalties in the amount of $100.00 a
week have been accruing since March 2, 1994 .
On behalf of the Orange County Board of Commissioners, I
hereby make demand upon you for payment of the accrued civil
penalties in the amount of $4, 500. 00 or $100. 00 for each week from
March 2, 1994 to January 17, 1995. If the $4,500.00 civil penalty
is not paid within 30 days from the date of this letter, this
matter will be referred for collection by court action.
If you continue to operate a landfill on this property in
violation of the Orange County Zoning ordinance, civil penalties
will continue to accrue.
If you have any questions about this demand for payment of
civil penalties for violation of the Orange County Zoning ordinance
please call Douglas Thoren with the Orange County Attorney's office
at 732-2196.
Please give this matter your immediate attention.
Sincerely,
Moses Cary, Jr.
Chair
xc: Alice Gordon
Don Wilhoit
Steven Halkiotis
William Crowther
Douglas Thoren
Marvin Collins
Jim Hinkley