HomeMy WebLinkAboutAgenda - 03-20-2001-5d
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 20, 2001
Action Agen~ t
Item No. d
SUBJECT: Reconsideration of Request for Assessment of Civil Penalties - M. Henry Wilson Zoning
Violation
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution of Reconsideration for Assessment
of Civil Penalties - M_ Henry Wilson Zoning
Violation
See February 20, 2001 Abstract for original
Information (Under Separate Cover)
INFORMATION CONTACT:
Tom King, Planner II, ext. 2$07
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-~L501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To reconsider the approval of the assessment of civil penalties far a continuing
zoning violation.
BACKGROUND:
Mr. Wilson is currently in violation of Section 4.3 (Permitted Use Table) and Section i;.23.1
(Land Use Restrictions) of the Orange County. N.C. Zoning Ordinance. Specifically, Section 4.3
does not allow for the operation of a motor vehicle and repair garage in the RB Zoning District.
A Motor Vehicle Repair Garage is defined as:
"[A]n establishment where the following services are available: major mechanical repairs,
including engine overhaul, and transmission work. Repair garages can also offer services
similar to service stations.°
Section 6.23.1 of the Zoning Ordinance lists specific uses which are not allowed in certain
watershed areas. Under this Section, "no commercial or industrial uses" are permitted in the
UNIV-PW.
The Board of Commissioners, at their February 20, 2001, meeting voted three (3) to two (2) to
approve the assessment of civil penalties for a continuing zoning violation. The assessment of
$100.00 per day was to begin on January B, 2001, and continue until the violation is abated.
2
The applicant was not notified in writing of the date of the Commissioners meeting where the
case would be heard. Although not required by the Zoning Ordinance, administration believed
that the person(s) held in violation, or their counsel, should be heard by the Board before a
decision is finalized.
The applicant has been notified of the March 20, 2001, meeting.
FINANCIAL IMPACT: There is no financial impact in relation to the reconsideration.
RECOMMENDATION(S): County Attorney to explain process to reconsider this matter. Board
of Commissioners to make final decision.
RESOLUTION OF RECONSIDERATION FOR ASSESSMENT OF CIVIL PENALTIES
M. HENRY WILSON ZONING VIOLATION CASE
WHEREAS, on February 20, 2001, the Board of Commissioners of the County of Orange heard
a request for the assessment of civil penalties pertaining to a violation of the Orange County,
N_C. Zoning Ordinance, and
WHEREAS, a motion was made in favor of assessing civil penalties against the parties in
violation, as prescribed in Article 23 (Violations. Penalties, and Remedies), Section 23.1
(Violations), ), Section 23.2(b) (Civil Penalty) of said Zoning Ordinance, and
WHEREAS, the motion was duly seconded, and a vote of the Board taken with three (3)
members voting in favor of assessment of civil penalties, and two (2) members voting against,
and
WHEREAS, the motion to assess civil penalties was passed with a majority voting in favor of
assessment, and
WHEREAS, the Board of Commissioners realize that, although not required by Ordinance, the
person(s) being assessed should be heard by the Board,
AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE WILL
CONSIDER THE FOLLOWING:
1. Vote to not reconsider the matter, and take na further action.
2. Vote to reconsider the matter, and take the following action:
a. Allow Mr. Wilson or his Counsel to speak to the matter,
b. Discuss the issue, and
1) Take no further action and let the original vote to assess civil penalties stand.
2) Vote to delay assessment of civil penalties and set a new date upon which civil
penalty assessment will begin.
3) Vote to suspend assessment of civil penalties.
NOW, THEREFORE, BE IT RESOLVED that the County of Orange Board of Commissioners
hereby makes the following motion:
IN WITNESS WHEREOF, the County of Orange has duly caused this instrument to be executed
under seal this the day of , 2001.
Commissioner moved passage of the immediately foregoing
Resolution, and Commissioner seconded the motion, and
the Resolution was passed by the following vote:
Ayes:
Nos: