HomeMy WebLinkAboutAgenda - 01-04-1994 - VIII-E 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 4, 1994
Action Agenda
Item # Vr_g
SUBJECT: Robert Earl Greene, Zoning Case No. 240 - Recommendations
for Making Demand for Payment of Civil Penalties and
Injunctive Relief
DEPARTMENT: PLANNING AND PUBLIC HEARING: Yes XX No
INSPECTIONS
ATTACHMENTS: INFORMATION CONTACT: Jim Hinkley
Extension 2584
Location Map
Citation Letter TELEPHONE NUMBERS:
Follow-up letter Hillsborough 732-8181
Durham 688-7331
Photographs will Chapel Hill 968-4501
be available Mebane 227-2031
REFERENCE: Item # VIII-G Zoning Case No. 240 - Robert Earl
Greene from the Board of County Commissioner's
Agenda of December 21, 1993
PURPOSE: To request the Board of County Commissioners to
make demand for payment of civil penalties and to
seek injunctive relief for a continuing zoning
violation.
BACKGROUND: Item # VIII-G Zoning Case 240 - Robert Earl Greene
- was removed from your December 21, 1993 agenda
because a positive statement of intent was
received concerning the case. Constructive action
was proposed in the following excerpt from a
letter to the Planning Director dated December 16,
1993 from Mr. Alan McSurely, attorney for Mr.
Jimmy Connor.
"Mr. Connor will move the office trailer
which he had placed on Mr. Green's property by
January 1, 1994 and any signs associated with it
out of Dairyland Estates. "
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On Thursday, December 16, it was reported by
neighbors that wheels were being reinstalled on
the office trailer and blocks removed.
On Friday, December 17, it was reported that the
office trailer and rolled Chain-link fencing had
been moved back across the street to Jimmy
Connor's property from where it came. The
portable toilet and large concrete piping
remained.
By this action, the first stipulation of Mr.
McSurely, namely: "Mr. Connor will move- the office
trailer which he had placed on Mr. Green's
property by January 1, 1994. . has been met.
The remaining stipulation had yet to be taken, as
of December 21, 1993, namely: 11. . . and any signs
associated with it (the office trailer) out of
Dairyland Estates. "
The Planning Staff is keeping the Administration
informed of actions being taken to correct the
zoning violation. If actions are not taken in a
timely manner to satisfy the abovementioned
requirements, the Planning Staff will return the
original abstract recommendations to the Board at
its January 4, 1994 meeting.
Filing Date: September 13, 1993
Date Civil Penalties Began: November 1, 1993
Accumulated Civil Penalties: As of January 4,
1993--$6,500
RECOHMNDATIONS: If the entirety of the abovementioned
stipulations are not met on or before January 1,
1994, the Administration recommends that the Board
of County Commissioners take both of the following
actions:
1. Make demand upon Mr. Greene for payment of
civil penalties in the amount of $6,500 for
his continuing violation of the Zoning
Ordinance; and
2. Seek injunctive relief through civil court
proceedings to remove the mobile structure,
equipment, and goods stored outside on the
premises.
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ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD 5
HILLSBOROUGH, 'NORTH CAROLINA 27278
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CERTIFIED LETTER Article No. P 338 337 864
October 15, 1993
Mr. Robert Earl Greene
7608 Vista Lane — - ---_.
Hillsborough, NC 27278
Dear Mr. Greene:
Your property at 7608 Vista Lane (TM 6. 19A. .9) was inspected
by this office at 9:30 am on Monday, September 13 , 2993 , and on
Monday, October 4, 1993. The use of the premises was found to be
in violation of the Orange County Zoning Ordinance. Specifically,
M it was determined that your property is being used illegally for
the outside storage of goods, including heavy construction
equipment (a front end loader) and an eight-wheel heavy equipment
trailer. A white mobile structure with: (1) TOOL BUILDING.
painted on the three-door side and rear, (2) JOB NO. #3 on the
three-door side, and (3) CONNER TRUCKING -COMPANY. on the three-
- door side toward the front of the mobile building. The mobile
building is mounted on concrete blocks. A no trespassing sign is
displayed in the rear mobile structure window on the three-door
_.. _ side.
The storage of equipment and placement of the mobile
structure on your property constitute zoning violations. Section
4,3 Permitted Uses does not allow outside storage and in the R-1
- _. Rural:* Residential- Zoning District -and Section 6.7 Accessory
Structures in Residential- Areas prohibits mobile homes as
accessory structures -to residential uses. _
You are directed to remove the equipment and mobile
structure from-your--property-or -have -them stored -indoors tom:_. :.
correct these violations. You are hereby given five (5) days
from the date upon which you receive, or sign the return receipt
of, this Certified Letter in which to bring your property into
compliance with the Zoning Ordinance. if you fail to bring your
property into compliance with the Zoning Ordinance within this
5-day period, criminal action, assessment of civil penalties in
the amount of $100. 00 per day, or other action will be taken. . -
against you in order to correct -the violations specified above.
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Mr. Robert Earl Greene
October 15, 1993
Page Two
When you sign the receipt for this letter, you are ordered
to call Warren Faircloth, Supervisor of the Orange County Erosion
Control Division at (968-4501, X2586) to have your property
inspected erosion control violations. Permits may be required
for the land clearing that you have done.
You should begin to take these actions immediately so that
the work can be accomplished within the 5-day period. Please
call me at 968-4501, extension 2584 if you have questions.
S ' erely,
ames R. Hinkley Cp
Planner II
XC: Geoffrey E. Gledhill, County Attorney
Marvin E. Collins, Planning Director
Mary Willis, Planner III
Gary Lance, Inspections Supervisor
Warren Faircloth, Erosion Control Supervisor