HomeMy WebLinkAboutAgenda - 11-19-2001-9aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2001
Action Agentla
Item No. 9-a
SUBJECT: Request for Assessment of Civil Penalties— Hulan Bradshaw 8 Dolley B. Torein
Zoning Violat ion — Storage of Unanchored, Unsecured Manufactured Home
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
Location Map (pp. 3)
Photograph of Violation (pp. 4)
Notice of Zoning Violation (pp. 56)
Second Notice of Zoning Violation (pp. 7 -10)
Notice of Request for Assessment of Civil
Parishes (pp. 11 -15)
Resolution of Assessment of Civil Penalties
(pp. 1 &17)
INFORMATION CONTACT:
Tom King, AICP, Planner II, es1. 2607
TELEPHONE NUMBERS:
Hillsborough
7324181
Chapel Hill
968 -4501
Durham
888 -7331
Mebane
330. 227.2031
PURPOSE: To consider the approval of the assessment of civil penalties for a
continuing zoning violation pertaining to the storage of an unanchored, unsecured
singlewide manufactured home on property with a residence located on it. Property
zoned AR ( Agricultural- Residenti tlyBACK -PW (Back Creek Protected Watershed).
BACKGROUND: The following events have lad to the neccesity to assess civil
penalties In relation to this matter
• February 21, 2001 — Complaint filed with Planning Department by telephone. Site
inspection performed and violation verified. Photograph taken (see Attachments ).
• March 1, 2001 — First Notice of Zoning Violation sent to property owner via certited
mail, return receipt requested (see Atachment 03). Notice received by Hulan
Bradshaw.
• March 5, 2001 — Mr. Bradshaw visits off cc to discuss the situation with Zoning
Enforcement Officer. Situation is explained! to Mr. Bradshaw.
• April 9, 2001 — Site inspection by Cads Bateman, Planner I. Violation continues to
exist.
• April 10, 2001 — Mr. Bradshaw visits office and discusses subdivision of adjacent
properly for the placement of the manufactured home. Discussion held with Ms.
Bateman.
• May 15, 2001 —Third site inspection. Violation condruee.
• June 20, 2001 — Second Notice of Zoning Violation sent via certified mail, return
receipt repuested(sea Attachment 44). Copy of first Notice of Zoning Violation sent
as attachment. Notice resolved by Hulan Bradshaw.
• June 22, 2001 — Mr. Bradshaws son telephones Zoning Enforcement Officer and
takes issue with the County's Notices.
• October 15, 2001 — Site inspection. Violation continues.
• October 17, 2001 — Notice of Request for Assessment of Civil Penalties sent via
minified mail, return receipt requested (see Attachment p5). Notice recalved by
Robert Bradshaw.
FINANCIAL IMPACT: Attorney fees associated with actual assessment of civil
penalties should the matter go to mud.
RECOMMENDATION(S): The Administration recommends that the property owners
held in violation be assesed the chill penalties of $100 per day that have accrued from
October 15, 2001. The amount to be assessed, as of November 19, 2001 (36 days), is
$3,000.00.
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ATTACHMENT] 4
PHOTOGRAPH OF ZONING VIOLATION -HULAN BRADSHAW S, DOLLEY 0. TORAIN
MANUFACTURED HOME `
. In CHARLIE'S DEAD END ROAD
EXISITNG RESIDENCE+@
ATTACHMENT 5
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Barreal 4 AICP, Director
Current Planning t 30OF Revere Road
(919) 245 -2878 P ll Box 8181
(919)24 - 25721FA%j 'Hillsborough,
WWW C North Carolina, 27278
March 1, 2001
Hiders &ael and Delay B. Torah
3714 Mill Creek Road
Eflana, NC 27243 Cert O Mall Ramada Receipt
NOTICE OF ZONING VIOLATION
To Mom It May Cancsm'.
In response 0 an anonymous inquiry regimbng a single wide manufactured home that has recently been
placed on your property, a sire Imposed your Preachy at 3714 MITI Creek Road ( Oange County Tan Map
#2.43_25) wes performed on Wednesday, February 21, 2001. From the inspection, It appears that the
above ri femnced Manufactured home is located an the property In violation of the Orange County, N.C.
Zoning Ordinance property, Is Zonel PR (AlOcubiral ResidentiaplBACK -P (Back Croak
Pmteged Watershed).
Secton 13.7.2 of the OMlnance atales Nat TM/oblle homeA as ecresaory structures he reeidential east,
re pmhOHaH", Nso, Me storage Of a manufacluradtmobile Home an resltlemlal property is not a
Permitted use in the AR/EACK-pW Zoning Oil as provided nor In Section 43 (Permided Use Table) of
the Zoning Ordinance.
Please remove the single witle manufactured home from Me alte on or before March 15, 2001.
Please call me at(gtg) 2452807 if you have any ques0ons. Thenkyw for your attention to Mia matter.
Sincerely,
�� 6
Tarn King
Planner IttZoning Enforcement Officer
cc. Harmony Milner, Orange County Attorney's Office
Zoning Violation File (Bradshaw & Tomin.651)
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ATTACHMENT
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedicl, AICP, Director
Current Planning q" 306F Revere Road
(919) 245 -25]5 O P 11 Box 3161
(919)644 -3002 (FAX) Carolina, vvww co Oranae nc us North Carolina, 2]2]3
i0el -z
June 20, 2001 -.
Hulan Bradshaw and Delay B. Torain
3714 Mill Creek Road
Efland, NO 27243 - Corel Mail Return Receipt R tetl
SECOND NOTICE OF ZONING VIOLATION
Dear Mr. Bradshaw:
You received a Notice of Zoning Violation dated March 1. 2001 (attached) regarding a
single wide manufactured home that has been located on your property at 3714 Mill
Creek Road (Orange County Tax Map #2:43..25). You were requested to have the
manufactured home removed from the site on or before March 15, 2001.
On March 5, 2001, you visited the Orange County Planning & Inspections Department
to discuss the issue with me. During that meeting, you informed me that the home was
being repaired for a young lady who was with you that day. I was informed that your
plan was to place the home on a vacant piece of property located down the street from
your property.
I asked how much longer would be needed in order to get the work completed and
move the home. I was informed that it would take about two (2) weeks. I told you that I
would work with you in resolving the matter If proof was submitted that proper permits
were being obtained to relocate the home.
As of June 20, 2001, 1 have received another inquiry as W what Is being done regarding
this Issue. I have found no evidence to indicate that you have applied far, or been
issued, permits In order to place the home on another property.
Therefore, I am requesting that the home be removed from the site, or permits be
Initiated or secured for the site on which the home is to be relocated, an or by July 31,
2001. If the home is not removed, or permits have not been initiated, I will begin
enforcement action against you.
Section 23.2 (Penalties), Subsection b) (Civil Penalty), states that "(Ajny act constituting
a violation of any requirement of this ordinance shell subject the offender to a civil
penalty of $100.00." Subsection e) states that "jEjach day's continuing, violation of any
provisfon of this ordinance is a separate and distinct offense." The Zoning Ordinance
also alloys the County to seek criminal action against perrons 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 parishes) to abate a zoning violation.
Please call me at (919) 245 -2607 if you have any questions. Thank you for your
attention to this matter.
Sincerely,
Tam King
Planner llacning Enforcement Officer
Attachment (as noted above)
cc: Orange County Attorney's Office
Susan Mellott, Chief Building Inspector
Zoning Violation File (Bradshaw & Tcain.651)
III Bradshaw and Dailey B. Town
3714 Mill Creek Racal
EAaed, NC 27243 C NFl d fill Roesler Raeuerted
NOTICE OF ZONING VIOLATION
TO WbOm It May Concern
In reaporue N an anonymous inquiry regarding a single wide re nu(siured home that has recently been
Placed on your property, a site inspected your prepeM at 3714 MITI Creek Roll (Orange Courtly Tax Map
843.,25) was Performed an Wednesday, February 21, 2061. Fmm the Inspection. it appears Nat the
above superseded manu:acturad home Is located an the property in violation Of the Orange County
Zoning ordinance. Your property, Is zoned AR (Agricultural Rouddsrithip/9isi (Bap Creek
Proeoted WatereM1eb).
Section 6].2 of me Overused states that "(Mfobde homes, ss awessory structures N esdental uses,
was Actimuedt Als , the storage of a manufacturedlmohile home on residential picial a not a
banned use N the AWBACK -PW Zoning Oil as Provided far in Section 4.3 (Pertnlpad 1/ae Table) of
Me Zoning Ordinance.
Please remove the single Wde manufactured home fivm the site on or Y_km March 15, 2001.
Please call meat (gt9) 245 -2667 if you have any auditors. Thank you for your intention lo thus mane-.
Sincerely,
��
Tom King
Planner NZOning Enforcement Officer
cc: Harmony Vardar, Orange County Primary's Wee
iii Massager File ( Bradshaw B Tal 651)
9
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
306E Revere ROatl
(919) 2452575
P 0 Box 8181
(919) W- 3002(FAX)
Hillsborough,
www CO Orange
North Carolinas 27278
ON � Niliti :`ilra� L,�� -x,
nom.. Ts
March 1, 2001
III Bradshaw and Dailey B. Town
3714 Mill Creek Racal
EAaed, NC 27243 C NFl d fill Roesler Raeuerted
NOTICE OF ZONING VIOLATION
TO WbOm It May Concern
In reaporue N an anonymous inquiry regarding a single wide re nu(siured home that has recently been
Placed on your property, a site inspected your prepeM at 3714 MITI Creek Roll (Orange Courtly Tax Map
843.,25) was Performed an Wednesday, February 21, 2061. Fmm the Inspection. it appears Nat the
above superseded manu:acturad home Is located an the property in violation Of the Orange County
Zoning ordinance. Your property, Is zoned AR (Agricultural Rouddsrithip/9isi (Bap Creek
Proeoted WatereM1eb).
Section 6].2 of me Overused states that "(Mfobde homes, ss awessory structures N esdental uses,
was Actimuedt Als , the storage of a manufacturedlmohile home on residential picial a not a
banned use N the AWBACK -PW Zoning Oil as Provided far in Section 4.3 (Pertnlpad 1/ae Table) of
Me Zoning Ordinance.
Please remove the single Wde manufactured home fivm the site on or Y_km March 15, 2001.
Please call meat (gt9) 245 -2667 if you have any auditors. Thank you for your intention lo thus mane-.
Sincerely,
��
Tom King
Planner NZOning Enforcement Officer
cc: Harmony Vardar, Orange County Primary's Wee
iii Massager File ( Bradshaw B Tal 651)
ATTACHMENTS
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Sanadint, AICP, Director
Current Planning 306F Revere Road
(919)245 -2575 P O Box 8181
(919) 644-3002(FAX) Hillsborough,
wyny.co.crange.inc.us g�q North CarcIn2,27278
October 17, 2001
Hulan Bradshaw and Dolley B. Torain
3714 M01 Creek Road
Efland, NC 27243 Certified Mail, Return Receipt Renovated
NOTICE OF REQUEST FOR ASSESSMENT OF CIVIL PENALTIES IN CONNECTION
WITH A CONTINUING ZONING VIOLATION
Dear Mr. Bradshaw.
You received a Second Notice of Zoning Violation (attached) dated June 20.2001 from
this office that Informed you that your property located at 3714 Mill Creek Road (Orange
County Tax Map #2.43..25) continues to be In used In violation of the Q011 County
NC Zoning Ordinance as it relates to the storage of a manufactured/mobile home on
your residentially zoned properly. The storage of manufactured /moblle homes on
residentially zoned property is not a permitted use in Me ARBACK -PW Zoning District
as provided for In Section 4.3 (Permitted Use Table) of the Zoning Ordinance.
In that notice (copy attached), you wera requested to remove the manufactured /mobile
home from the site on or by July 31, 2001, and that if not removed, enforcement action
would be taken. A site inspection performed on October 15. 2001 revealed that no
change to the situation has occurred. The manufactured/mobile home is still located on
the property in violation of the Zoning Ordinance.
Therefore, I will request that the Board of County Commissioners assess you civil
penalties In the amount of $100.00 per day beginning on October 15, 2001, and
continuing each day until the violation is corrected. 1 will notify you of the date, time,
and pace of the Commissioners meeting where the request will be heard.
I am open to discuss this matter wRh you at your convenience. Please call me at (919)
245- 26071f you have any questions or would like to schedule a meeting to discuss this
issue. Thank you.
Sincerely,
D7a
Tom King, AICP
Planner H/Zoning Enforcement Officer
Attachment (as noted strove) -
cC. Orange County Attomeys Office
Zoning Violation File (Bradshaw & Tomm.661)
ORANGE COUNTY. PLANNING & INSPECTIONS DEPARTMENT
Craig N. Banedlcq AICP, Director
Current Planning 306F Revere Road
(919)245-2675
(919) 6443002 tFAlg P ll Box 6191
M2M/ co eranno .
Hillsborough,
27 gh,
North Carolina, 27276
sees
June 20, 2001
Hulan Bradshaw and Dolley B. Toraln
3714 Mill Creak Road
Efland, NC 27243 C Riff d Mail, Return Receipt Reauesced
SECOND NOTICE OF ZONING VIOLATION
Dear Mr. Bradshaw:
You received a Notice of Zoning Violation dated March 1, 2001 (attached) regarding a
single wide manufactured home that has been located on your property at 3714 Mill
Creek Road (Orange County Tax Map #2.43..25). You ware requested to have the
manufactured home removed from the site on or before March 15, 2001.
On March 5, 2001, YOU visited the Orange County Planning & Inspections Dapiu ment
to discuss the Issue with me. During that meeting, you informed me that the home was
being repairad for a Young lady who was with you that day. I was informed that your
Plan was to place the home on a vacant place of property located down the street from
Your property.
I asked how much longer would be needed in order to get the work completed and
move the home. I was informed that it would take about two (2) weeks. I told you that I
would work with you in resolving the matter if proof was submitted that proper permits
were being obtained to relocate the home.
As of June 20, 2001, 1 have received another inquiry as to what Is being done regarding
this issue. I have found no evidence to indicate that you have applied for, or been
I
ssued, permits in order to place the home on another property.
Therefore, I am requesting that the home be removed from the site, or permits be
Initiated or secured for the site on which the home is to be relocated, on or by July 31,
2001. If the home is not removed, or permits have not been initiated, I will begin
enforcement action against you.
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 olfander M a civil
Penalty Of $100.00." Subsection e) states that "(E]ach day's continuing violation of any
Provision of this ordinance is a separate and dialing 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 call me at (919) 245.2607 If you have any questions, Thank you for your
aftendon to ihis.matter.
' S�i�ncerely,
!/-
Tom King
Planner lIlZoning Enforcement Officer
Attachment (as noted above)
cc: Orange County Attorney's office
Susan Mellon, Chief Building Inspector
Zoning Violation File (Bradshaw & Toraln.e51)
36
RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
HULAN BRADSHAW & DOLLEY B. TORAIN ZONING VIOLATION CASE
WHEREAS, Article 23 ( Volafions Penalties and Remedies), Section 23.1 (Violations), states
that'gAghenever, by the provisions of this Ordinance, the performance of any act is prohiblled,
or whenever any regulation; dimension or limitation Is imposed on the use of any land, of 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
vlolatlon and a separate offense', and
WHEREAS, Article 23 (Violations Penalties and Remedies), Section 23.2(b) (Civil Penalty) of
the Orange County, NC Zoning Ordinance allows for the assessment of civil penalties in the
amount N $100.00 in securing the abatement of violations of the Ordinance, and
WHEREAS, Article 23 (Violations Penalties, and Remedies). Section 23.2(b) (Civil Penalty) of
Me Orange County, N.O. Zoning Ordinance slates Nat "[N]o penalty shall be assesses until the
person alleged to be in violation has been notified of the violation by registered or identified mall,
delivery restricted to addresses only, return receipt requested, or star means reasonably
calculated to provide actual notice to the offender. The notice shall describe this violation with
reasonable particularly, specify a reasonable time period within which to violation must be
comected and warn that failure to correct to violation within the time period will result In the
assessment of a Oil penalty.'. and
WHEREAS. Article 23 (Violations Penalties, and Remadles), Section 232(b) (Civil Penalty) of
the Orange County, N C. Zoning Ordinance states that "[I]n to event to violation is not
ousted within the time period provided in the notice, the Orange County Board of
Commissioners shall make written demand far payment upon the person responsible for the
violation, and shall set forth in detail a description of the violation for which the penally has been
Invok ki
AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE MAKE
THE FOLLOWING FINDINGS OF FACT:
1. Hulan Bradshaw & Dailey B. Torain are the owners of the property with a street address
Of 3714 Mill Creek Road, E6and, North Carolina 27243 (hereafter the "property').
2. The Orange County Planning Department received a complaint on February 21, 2001
regarding storage of an unanchored, unsecured singlewide manufactured home at a
home located at 3714 Mill Creek Road.
3, On February 21, 2001, an inspection was made by the Zoning Enforcement Officer. The
inspection revealed that an unanchored, unsecured singlewide manufactured home was
being stored on to site. Photograph Of violation taken.
4. A Notice of Zoning Violation was malted cartined mail, return receipt requested, to the
property owners on March 1, 2001. Compliance date was sat at March 15, 2001. The
Notice was received on March 2, 2001 by Hulan Bradshaw.
S. Mr. Bradshaw visits Planning & Inspections Office to discuss the situation with the
Zoning Enforcement Officer. Home is being remodeled for a relative
6. A second site inspection wee performed on April 9, 2001. No change in situation.
7. Mr, Bradshaw visits Planning & Inspections Office and discusses possibility of
subdividing some adjacent property on which to place the manufactured hone. Card
Bateman, Planner I, discusses process with Mr. Bradshaw.
8, Third site inspection performed on May 15, 2001. No change In the status of the
0lation was observed. Complainant phoned again on June 20, 2001 and stated that
home was still on property. A Second Notice of Zoning Victorian was sent via domed
mail, return receipt requested, on June 20, 2001. A copy of the Notice of Zoning
Violation was attached Compliance date was sat at March July 31, 2001. Notice
received by Hulan Bradshaw on June 22, 2001,
9. Mr. Bradshaw's son telephones Zoning Enforcement Officer on June 22, 2001 after
hours. He is confrontational and upset regarding Me Notices that have been sent to his
father.
10. Complainant phones again on August 9, 2001. Manufactured home a still on property.
11. Fourth site Inspection performed on October 15, 2001. Manufactured home is still on
property.
12. A Notice OF Request for Assessment of Civil Penalties in Connection with a Continuing
Zoning Violation was sent via certified mail, return tannin requested, on October 17,
2001. A copy Of Me Second Notice of Zoning Vldatlon was attached. The Request
noted Mat civil penalties in connection with the violation would be assessed beginning
on October 15, 2001, The Notice was received on October 19, 2001, by Robert
Bradshaw.
NOW, THEREFORE, BE IT RESOLVED by Me Boom of Orange County Commissioners that
Ruled Bradshaw & Colley B. Torain Own property that is being used In violation of Me Orange
County . N C Zoning Ordnance and that this violation has been ongoing since February 21.
2001, and that each day's Vol is a separate and distinct offense. Hulan Bradshaw & cagey
S. Torain are indebted to Orange County, North Carroll In Me amount of $100.00 par day,
beginning on October 15, 2001, for violation of Section 0 3 (Permitted Use Table), of the Orange
Count. N C. Zoning Om'na .
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted
this the _(FY 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 toe copy Of so much of the
proceedings of said Board at a meeting heart on , 2001 as it reldtes in any
way to the adoption Of the foregoing and that said pmceedmgs are recorded In Minute Book No.
of Me Minutes Of said Board.
WITNESS my hand and Me seal of said County, this the _ day of .2001
Clerk to the Board of Commissioners