HomeMy WebLinkAboutAgenda - 02-26-1996 - 4c ,'^/1
\• 6 i
O R A N G E C O U N T Y
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 26, 1996
Action Agenda
Item # 4
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 23 . Violations, Penalties, and Remedies,
23.2 Penalties, a) Criminal Action
DEPARTMENT: PLANNING PUBLIC HEARING: X_ Yes No
BUDGET AMENDMENT REQUIRED: Yes _X—No
ATTACHMENT(S) : INFORMATION CONTACT: Jim Hinkley
X2583
Proposed Amendment
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To receive citizen comment on a Zoning Text
Amendment
BACKGROUND: The Orange County Zoning Ordinance provides for
action which may be taken by the County to abate
zoning violations or non-compliance with zoning
requirements. Taking criminal action in the
courts is not often used, but when it is, it is
important that this remedy be effective. Although
not specifically stated in Section 23.2, the
maximum fine is fifty dollars ($50.00) . The
maximum $50-fine upon conviction limits the
effectiveness of the criminal action remedy.
The proposed amendment would enable Orange County
to increase the maximum fine to $500.00, as
authorized by N.C. General Statute S14-4.
RECOMMENDATION: Article 20.3.3 of the Orange County Zoning
Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board
within 30 .days of receipt of an application. The
062 '
30-day period may be extended up to 60 days with
the written consent of the applicant. The public
hearing is the time scheduled for presentation of
the Zoning Officer's recommendation.
Zoning Officer Recommendation
The Zoning Officer has reviewed the application
and all supporting documentation and has found
that tha nrnnnaor] ammnrlmonf- rrnn7r4 kg% ra,n�i�te.,t
with the Comprehensive Plan. Provided the
Planning Board and County Commissioners find in
the affirmative, the Zoning Officer recommends
approval of the request.
No decision on the application is made by either
the Planning Board or Board of Commissioners at
the public hearing. Instead, the Planning Board
has 60 days within which to prepare and submit a
recommendation to the Board of Commissioners.
Failure of the Planning Board to submit a
recommendation within the required time shall be
considered a favorable recommendation, without
conditions.
Administration Recommendation
The Administration recommends that the proposed
Zoning Ordinance Text amendment be referred to the
Planning Board for a recommendation to be returned
no sooner than April 1, 1996.
063
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING
REFERENCE: ARTICLE 23. VIOLATIONS, PENALTIES AND REMEDIES,
Section 23 .2 Penalties, a) Criminal Action
ORIGIN OF AMENDMENT: Staff Planning Board
_X BOCC Public
Public
STAFF PRIORITY RECOMMENDATION: _X_ High Middle Low
PUBLIC HEARING DATE: February 26, 1996
PURPOSE OF AMENDMENT: To raise the maximum fine for criminal
violation of the Zoning Ordinance from
$50. to $500.
IMPACTS/ISSUES: The Orange County Zoning Ordinance provides
for four types of action which may be taken
by the County to abate zoning violations or
non-compliance with zoning requirements.
These are:
a) Criminal Action
b) Civil Penalty
C) Injunction and Abatement
d) Stop Work Orders
Assessing Civil Penalties and Posting Stop
Work Orders are the most commonly used
remedies to correct violations after working
with property owners to no avail. Taking
criminal action in the courts is not often
used, but when it is, it is important that
the remedy be effective. The present maximum
$50.00 fine upon conviction limits the
effectiveness of the criminal remedy.
Orange County has the authority to increase
the maximum fine to $500.00 by so providing
in its Zoning Ordinance.
Existing Provision for Criminal Action in the
Orange County Zoning Ordinance
Article 23. Violations, Penalties and
Remedies of the Orange County Zoning
Ordinance is quoted in the following:
064
23.2 Penalties
a) Criminal Action:
Any person, firm or corporation who
violates the provisions of this
Ordinance or fails to comply with any of
its requirements shall, upon conviction,
be guilty of -a misdemeanor and shall be
punished as provided in G.S. 14-4 .
Although not specifically stated, Section
23.2 limits the amount of maximum fine to
fifty dollars ($50.00) , by default.
Chapter 14 of the North Carolina General
Statutes provides:
S14-4. Violation of local ordinances
misdemeanor. (Underlining added for emphasis)
(a) Except as provided in subsection (b) , if
any person shall violate an ordinance of a
county, city, town or metropolitan sewerage
district created under Article 5 of Chapter
162A, he shall be guilty of a Class 3
misdemeanor and shall be fined not more than
five hundred dollars ($500.00) . No fine shall
exceed fifty dollars ($50.00) unless the
ordinance expressly states that the maximum
fine is greater than fifty dollars ($50.00) .
Proposed Amendment
23.2 Penalties
a) Criminal Action:
Any person, firm or corporation who
violates the provisions of this
Ordinance or fails to comply with
any of its requirements shall, upon
conviction, be guilty of a
misdemeanor and shall be P
:":'C:.:.:.:{:ii:i' :%;ii:.:::J'::::'i::ii::}}'.:.:::.:.::ii:.:}•.:i:jj:...;..:':{:.i.::i::::l::::fji:i.}}:n:...:.i:C:.:':::.:.::[.i::::i'S'.}:
as
prove a in G:5: Section 14= :