HomeMy WebLinkAboutAgenda - 06-19-2001-9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2001
Action Agen
Item No. - ~
SUBJECT: Re uest for Assessment of Civil Penalties - Jeffre & Sharon Brooks Zonin Violation
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y!N) No
ATTACHMENT(S):
Notice of Zoning Violatian (pp. 2-4)
Second Notice of Zoning Violation (pp. 5-8)
Native of Request for Assessment of Civil
Penalties (pp. 9-11)
Resolution of Assessment of Civil Penalties
(pp. 12-13)
INFORMATION CONTACT:
Tom King, Planner II, ext. 2607
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider the approval of the assessment of civil penalties for. a continuing
zoning violation pertaining to the storage of junked or wrecked motor vehicles on property zoned
R-1 (Rural Residential).
BACKGROUND:
The following events have led to the neccesity to assess civil penalties in relation to this matter:
• January 2, 2001 -- Complaint filed with Planning Department by telephone.
• January 3, 2001 -Site inspection performed by Zoning Officer. Violation verified.
• January 4, 2001 -First Notice of Zoning Violation sent to property owner via certified mail,
return receipt requested (see Attachment #1).
• February 26, 2001 -Complainant telephones and states that no progress has been made.
• February 28, 2001 -Second site inspection performed. Violation continues to exist.
• March 1, 2001 -- Second Notice of Zoning Violation sent via certified mail, return receipt
requested (see Attachment #2). Copy of Notice of Zoning Violation sent as attachment.
• March 19, 2001-Third site inspection performed. Violation continues to exist. Photograph
taken.
• March 20, 2001 -Notice of Assessment of Civil Penalties (dated March 19, 2001) sent via
certified mail, return receipt requested. Copy of Second Notice of Zoning Violation sent as
attachment (see Attachment #3).
FINANCIAL IMPACT: There is no direct financial impact with this decision item.
RECOMMENDATION(S): Administration recommends that the property owners held in
violation be assessed the civil penalties of $100 per day that have accrued from March 19,
2001.
ATTACHMENT 1
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning ~~` ~ 'A 306E Revere Road
(919) 245-2575 ~r ~ ~ ,_ P O Box 8181
(919) 644-3002 (Fax) ~, Hillsborough,
www.co.orange.nc.us "°~•d ~,~~~~°' North Carolina, 27278
A: fi~~,
January 4, 2001
JefFrey K. & Sharon L. Brooks
1207 Lysander Lane
Mebane, NC 27302
CERTIFIED MAIL, RETURN. RECEIPT REQUESTED
NOTIFICATION OF ZONING VIOLATION
Dear Mr. & Mrs. Brooks:
In response to an inquiry, this office inspected your property located at 1207 Lysander
Lane (Orange Gounty Tax Map #3.21.8.35A) on January 4, 2001 and found it to be in
violation of Section 6.16.7 (Storage of Junked or Wrecked Motor Vehicles) of the
Orange County Zoning Ordinance. Six (6) junked or wrecked motor vehicles are
located on your property which is zoned AR (Agricultural Residential). The use of the
property in~this manner is not permitted in the AR Zoning District.
Section 6.16.7 of the Zoning Ordinance states:
The storage of junked or wrecked motor vehicles is specifically prohibited in
all residential districts. This section does not apply to any motor vehicle in
an enclosed building which building conforms fo applicable building code
anal zoning regulations or which building lawfully exists as anon-conforming
use under applicable building code and zoning regulations.
Junked or Wrecked Motor Vehicles are defined in the Zoning Ordinance as:
Motor vehicles which do not display a current license plate or a currenf
registration sticker and which do not display a current inspection sticker
issued by or in the same state as the license plate or registration sticker and
which either. (a) are partially dismantled or wrecked, or (b) cannot be self-
propelled or moved in the manner in which originally intended to move.
2
2 3
Please correct this violation on or by February 5, 2401. If you have any questions,
please call me at (919) 245-2607 and I will do my best to work with you in regards to
this matter.
Sincerely,
~,~
Tom King
Planner II/Zoning Enforcement Officer
cc: Zoning Violation File (Brooks.648)
-- ~ Harmony Whalen, Orange County Attorney's Office ~-
G:\Tkina~zcase\Brooks.648
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ATTACHMENT 2
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
toyalr °~ O:
Current Planning b~ ;;A~ 306E Revere Road
(919) 245-2575 ~ 1. ~- ;: P O Box 8181
(919) 644-3002 (FAX) ~~p Hillsborough,
www.co.orange.nc.us ~'°~~~ ~,<<~~'' North Carolina, 27278
March 1, 2001
Jeffrey K. & Sharon L. Brooks
1207 Lysander Lane
Mebane, NC 27302 Certified Mail. Return Receipt ReQUested
SECOND NOTICE OF ZONING VIOLATION
Dear Mr. & Mrs. Brooks-
You received a Notice of Zoning Violation dated January 4, 2001, from this office that informed you that
your property located at 1207 Lysander Lane (Orange County Tax Map #3.21.B.35A) is in violation of the
Orange County Zoning Ordinance as it relates to Section 6.16.7 (Storage- of Junked or Wrecked M~tgr
Vehicles . In that notice (copy attached), you were requested to remove the junked or wrecked motor
vehicles from the site on or by February 5, 2001. A site inspection performed on February 26, 2001, it
was noted that the junked or wrecked vehicles are still located on the property.
Section 23.2 (Penalties), Subsection b) (Civil Penalty), states that "(A]ny act constituting a violation of any
requirement of this ordinance shall subject the offender to a civil penalty of $100.00." Subsection e)
states that "(E}acli day's continuing violation of any provision of this ordinance is a separate and distinct
offense." The Zoning Ordinance also allows the County to seek criminal action against persons found to
be in violation of the Zoning Ordinance through the courts. In addition, Article 23 (Violations, Penalties,
and Remedies) of the Zoning Ordinance authorizes the County to seek a combination of remedies
(criminal action, civil penalties) to abate a zoning violation.
Please correct this violation an ar by March 15, 2001. If the violation is pat corrected on or by that date, I
will begin enforcement proceedings in order to abate the violation.
If you have any questions, please call me at (919) 245-2607.
Sincerely,
Tom King
Planner II/Zoning Enforcement Officer
Attachment (1)
5
cc: Zoning Violation File (Brooks.648)
Harmony Whalen, Orange County Attorney's Office
6
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
ea~an °/ Or
Current Planning ~;` ;~~~, , . w 306E Revere Road
(919) 245-2575 « ~ ~~ " ~ P O Box 8181
(919) 644-3002 (Fax) „'" Hillsborough,
www.co.orange.nc.us ~°~~~ e~~o~~p. North Carolina, 27278
January 4, 2001
Jeffrey K. $~ Sharon L. Brooks
1207 Lysander Lane
Mebane, NC 27302 CERTIFIED MAIL. RETURN RECEIPT REQUESTED
NOTIFICATION OF ZONING VIOLATION
Dear Mr. & Mrs. Brooks:
In response to an inquiry, this office inspected your property located, at 1207 Lysander
Lane (Orange County Tax Map #3.21.B.35A) an January 4, 2001 and found it to be in
violation of Section 6.16.7 (Stora a of Junked ar Wrecked Motor Vehicles of the
Orange County Zoning Ordinance. Six (6) junked or wrecked motar vehicles are
located on your property which is zoned AR {Agricultural Residential). The use of the
property in this manner is not permitted in the AR Zoning District.
Section 6.16.7 of the Zoning Ordinance states:
The storage of junked or wrecked motor vehicles is specifically prohibited in
all residential districts. This section does not apply to any motor vehicle in
an enclosed building which building conforms to applicable building code
and zoning regulations or which building lawfully exists as anon-conforming
use under applicable building code and zoning regulatians.
Junked or Wrecked Motor Vehicles are defined in the Zoning Ordinance as:
Motor vehicles which do not display a current license plate or a current
registration sticker and which do not display a current inspection sticker
issued by or in the same state as the license plate or registration sticker and
which either. (a) are partially dismantled or wrecked, or (b) cannot be self-
propelled or moved in the manner in which originally intended to move.
z
Please correct this violation on ar by February 5, 2001. If you have any questions,
please call me at (919) 245-2607 and I will do my best to work with you in regards to
this matter.
Sincerely,
/~
Tam King
Planner II/Zoning Enforcement Officer
cc: Zaning Violation File (Brooks.648)
. Harmony Whalen, Orange County Attorney's Office
G: \Tkinglzcase\B rooks.648
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ATTACHMENT 3
ORANGE COUNTY PLANNING ~ INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
~onnt! °r e'
Current Planning ~q, ~ , ': 306E Revere Road
(919) 245-2575 ~ .: ~ ~ P O Box $1$1
(919) 644-$QQ2 (FAx) ~.~ Hillsborough,
www.co.orange.nc.us '`°~~~ ~.~e~~°' North Carolina, 27278
March 19, 2001
Jeffrey K. 8~ Sharon L. Brooks
1207 Lysander Lane
Mebane, NC 27302 Certified Mail, Return Receipt Requested
NOTICE OF REQUEST FOR ASSESSMENT OF CIVIL PENALTIES IN CONNECTION WITH A
CONTINUING ZONING VIOLATION
Dear Mr. & Mrs. Brooks:
You received a Second Notice of Zoning Violation dated March 1, 2001, from this office that informed you
that your property located at 1207 Lysander Lane (Orange County lax Map #3.21.B.35A) continues to be
in violation of the Orange County Zoning Ordinance as it relates to Section 6.16.7 (Stora a of Junked or
Wrecked Motor Vehiclesl. In that notice (copy attached), you were requested to remove the junked or
wrecked motor vehicles from. the site on or by March 15, 2001, and that, if not removed, enforcement
action would be taken. A site inspection performed on March 19, 2001, revealed that no change to the
property has occurred. The junked or wrecked motor vehicles are still located on the property.
Therefore, I will request that the Board of County Commissioners assess you civil penalties in the amount
of $100.00 per day beginning on March 19, 2001, and continuing each day until the violation is corrected.
I will notify you of the date, time, and place of the Commissioners meeting where the request will be
heard.
If you have any questions, please call me at (919) 245-2607.
Sincerely,
Tom King
Planner II/Zoning Enforcement Officer
Attachment (1)
cc: Zoning Violation File (Brooks.648)
Harmony Whalen, Orange bounty Attorney's Office
9
1Q
ORANGE COUNTY PLANNING 8~ INSPECTIONS DEPARTMENT
Craig N. Benedic#, AICP, Director
esaa~! °~ o.
Current Planning ~a * ~~ 306E Revere Road
(919) 245-2575 .7 ~ - ~ P O Box 8181
(919) 644-3002 (FAX) ~. ~~ Hillsborough,
www.co,orange.nc.us '~°~.~ e.~9~~°' North Carolina, 27278
March 1, 2001
Jeffrey K. & Sharon L, Brooks
1207 Lysander Lane
Mebane, NC 27302 Certified Mail, Return Receipt,Reguested
SECOND NOTICE OF ZONING VIOLATION
Dear Mr. ~ Mrs. Brooks:
You received a Notice of Zoning Violation dated January 4, 2001, from this office that informed you that
your property located at 1207 Lysander Lane (Orange County Tax Map #3.21.B.35A) is in violation of the
Orange County Zoning Ordinance as it relates to Section 6.16.7 (Storag_e of Junked or Wrecked Motor
Vehicles . In that notice (copy attached), you were requested to remove the junked or wrecked motor
vehicles from the site on or by February 5, 2001. A site inspection performed on February 26, 2001, it
was noted that the junked ar wrecked vehicles are still located on the property,
Section 23.2 (Penalties), Subsection b) (Civil I'ena~tv), states that "(A]ny act constituting a violation of any
requirement of this ordinance shall subject the offender to a civil penalty of $100.p0." Subsection e)
states that "~E}ach day's continuing violation of any provision of this ordinance is a separate and distinct
offense." The Zoning Ordinance also allows the County to seek criminal action against persons found to
be in violatign~ of the Zoning Ordinance through the courts. In addition, Article 23 (Violations. Penalties,
and Remedies) of the Zoning Ordinance authorizes the County to seek a combination of remedies
(criminal action, civil penalties) to abate a zoning violation.
Please correct this violation on or by March 15, 2001. If the violation is not corrected an or by that date, I
will begin enforcement proceedings in order to abate the violation:
If you have any questions, please. call me at (919) 245-2607.
Sincerely,
Tom King
Ptanrier II/Zoning Enforcement Officer
Attachment (1)
cc: Zoning Violation File (Brooks.649)
Harmony Whalen, Orange County Attorney's Office
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ATTACHMENT 4
RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
JEFFREY AND SHARON BROOKS ZONING VIOLATION CASE
WHEREAS, Article 23 (Violations. Penalties. and Remedies), Section 23.1 (Violations),
states that "[W]henever, by the, provisions of this Ordinance, the performance of any act
is prohibited, or whenever any regulation, dimension or limitation is imposed on the use
of any land, or on the erection or alterations or the use or change of use of a structure,
or the uses within such structure, a failure to comply with such provisions of this
Ordinance shall constitute a separate violation and a separate offense.", and
WHEREAS, Article 23 (Violations,_ Penalties and Remedies), Section 23.2(b) (Civil
Penal ) of the Orange County, NC Zoning Ordinance allows for the assessment of civil
penalties in the amount of $100.00 in securing the abatement of violations of the
Ordinance, and
WHEREAS, Article 23 (Violations. Penalties. and Remedies), Section 23.2(b) (Civil
Penal ) of the Orange County, N.C. Zoning Ordinance states that "[N]o penalty shall be
assesses until the person alleged to be in violation has been notified of the violation by
registered or certified mail, delivery restricted to addresses only, return receipt
requested, or other means reasonably calculated to provide actual notice to the
offender. The notice shall describe the violation with reasonable particularity, specify a
reasonable time period within, which the violation must be corrected and warn that
failure to correct the violation within the time period will result in the assessment of a
civil penalty.", and
WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.2(b) (Civil
Penal ) of the Orange County, N.C. Zoning Ordinance states that "[I]n the event the
violation is not corrected within the time period provided in the native, the Orange
County Board of Commissioners shall make written demand for payment upon the
person responsible for the violation, and shall set forth in detail a description of the
violation for which the penalty has been invoked.",
AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF
ORANGE MAKE THE FOLLOWING FINDINGS OF FACT:
1. Jeffrey and Sharon Brooks are the owners of the property with a street address
of 1207 Lysander Lane, Mebane, North Carolina 27302 (hereafter the
"property")
2. The Orange County Planning Department received a complaint on January 2,
2001 regarding storage of junked or wrecked motor vehicles at a home located at
1207 Lysander Lane.
3. On January 3, 2001, an inspection was made by the Zoning Enforcement Officer.
The inspection revealed that six (6) junked or wrecked motor vehicles were being
stored on the site.
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4. A Notice of Zoning Violation was mailed certified mail, return receipt requested,
to the property owners on January 4, 2001. Compliance date was set. at
February 5, 2001. The Notice was received on January $, 2001 by Sharon
Brooks.
5. A second site inspection was performed on February 2$, 2001. No change in the
status of the violation was observed. A Second Notice of Zoning Violation was
sent via certified mail, return receipt requested, on March 1, 2001. A copy of the
Notice of Zoning Violation was attached. Compliance date was set at March 15,
2001. This Notice was returned unclaimed, on March 28, 2001.
6. A third inspection was performed an March 19, 2001. No change in the status of
the violation was observed. Photographs of the violation were taken.
7. A Notice of Request for Assessment of Civil Penalties in Connection with a
Continuing Zoning Violation (dated March 19, 2001) was sent via certified mail,
return receipt requested, on March 20, 2001. A copy of the Second Notice of
Zoning Violation was attached. The Request noted that civil penalties in
connection with the violation would be assessed beginning on March 19, 2001.
The Notice was received on March 29, 2001, by Jeffrey K. Brooks.
NOW, THEREFORE, BE IT RESOLVED by the Board of Orange County
Commissioners that Jeffrey K. and Sharon Brooks own property that is being used in
violation of the Orange County, N.C. Zoning Ordinance and that this violation has been
ongoing since January 3, 2001, and that each day's violation is a separate and distinct
offense. Jeffrey K. and Sharon Brooks are indebted to Orange County, North Carolina
in the amount of $100.00 per day, beginning on March 19, 2001, for violation of Section
fi.16.7 (Stora a of Junked or Wrecked Motor Vehicles), of the Orange County, N.C.
Zoning Ordinance.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing resolution was adopted this the day
of , 2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of
the proceedings of said Board at a meeting held on 2001 as it
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. of the Minutes of said Board.
WITNESS my hand and the seal of said County, this the day of
2001.
Clerk to the Board of Commissioners