HomeMy WebLinkAboutPlanning Board - 110321 ORC Agenda Packet ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
Wednesday, November 3, 2021
Ordinance Review Committee Meeting — —8:15 pm
(Immediately following regular meeting)
Due to current public health concerns, the meeting will be virtual. Members of the Planning Board
and staff will be participating in the meeting remotely. Interested members of the public can view
and participate in the meeting by following the instructions at the end of the agenda. (Please note
that pre-registration no later than 3:00 p.m. the day of the meeting is required to speak at the
meeting).
Note: ORC sessions are optional for Planning Board members and a quorum is not required to
hold the meeting.
1. CALL TO ORDER
2. 3 — 12 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS —
DECRIMINALIZATION OF ORDINANCE VIOLATION - To review proposed
UDO text amendments in response to Session Law 2021-138
(Senate Bill 300) which decriminalized violations of certain types of
ordinances, including ordinances regulating planning and
development.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
Public Comments / Participation
There are two methods for public comment:
• Written submittals by email or drop-off
• Speaking during the virtual meeting
Written Public Comments
Members of the public are encouraged to provide written public comments by emailing comments
to planning board(a)orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting.
Please include in the Subject line of the email the title of the agenda item your comment pertains
to.
Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m.
Monday through Friday). If a staff member is not available, please leave your comments in the
drop-off box near the front counter. Written comments will be scanned and sent by staff to the
email address indicated above.
Verbal Public Comments
Members of the public must contact Planning Department staff via email at
ocpbpubliccomment(cb-orangecountync.gov no later than 3:00 p.m. on the afternoon of the
meeting and indicate they wish to speak during the meeting.
When submitting the request to speak, please include the following:
• The date of the meeting
• The title of the agenda item you wish to speak on
• Your name, address, email and phone number
o The phone number must be the number you will call in from if participating by
phone
During the meeting, speakers will be called upon in the order in which requests to speak were
received. Each speaker may speak once per agenda item and has 3 minutes to address the
board. Ceding time to another speaker is not permitted.
In the event a meeting is continued to a future date due to the length of public comments, the
date for the continued meeting will be announced before the meeting adjourns. No additional
requests to speak will be taken for the continued meeting, only the speakers who signed up to
speak at the original meeting and were not called upon will be able to speak at the continued
meeting. Written comments continue to be encouraged and can be sent to the email address
indicated in the "Written Public Comments" instructions above.
Zoom Meeting Registration
Both members of the public who wish to speak at the meeting and those who wish to only view
the meeting must register to receive a link to the meeting. Persons wishing to speak must
register with the same name provided in the email that notified staff you wish to speak. The link
to sign up for the meeting is:
https://orangecountync.zoom.us/webinar/register/WN YV2TZZ35Q5eirVnPJ6hDVw
If you do not have internet access, you may participate in the meeting via phone. Please call
(919) 245-2575 during regular business hours to receive information on the number to call-in to,
the meeting ID, and a password.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to
the Board of County Commissioners (the elected officials). The Board of County Commissioners
holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified
Development Ordinance contains a flowchart depicting the entire review process for rezoning and
text amendment applications.
3
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 3, 2021
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance Text Amendment — Modification of
Enforcement Provisions Addressing Changes in State Law
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Excerpt of Session Law 2021-138 Michael D. Harvey, Planner III 245-2578
2. Proposed UDO Text Amendment Craig Benedict, Director 245-2575
PURPOSE: To review County-initiated amendments to the Unified Development Ordinance (UDO)
eliminating language allowing staff to seek criminal penalties for violations of certain land use
regulations. The modification(s) are necessary to address recent changes in State law.
BACKGROUND: On September 2, 2021, Governor Cooper signed Session Law 2021-138.
Portions of the legislation, excerpt contained in Attachment 1, decriminalizes certain types of
ordinances including planning and development regulations. Put simply, violation(s) of certain
provisions of the UDO are no longer potential criminal offences. The full version of the law is
viewable here: Session Law 2021-138.
Staff's proposed amendment is contained in Attachment 2.
• What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff
the option of seeking criminal penalties for violations of the UDO. The proposal
renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO.
• What the Amendment Does Not Do: Eliminate language allowing for potential criminal
penalties for violation(s) of floodplain management (Section 9.7), soil erosion and
sedimentation control (Section 9.8) and stormwater management (Section 9.9)
regulations. The Session Law does not modify enabling authority under which these
provisions were adopted.
As previously indicated the amendment(s) are necessary to address the County's compliance with
applicable State law. The County Attorney's office has reviewed the proposal and found it to be
legally sufficient.
FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks
associated with amending the UDO.
RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed
amendments and provide any feedback to staff.
5
AN ACT TO INCREASE PROTECTIONS, TRAINING, AND OVERSIGHT FOR STATE
AND LOCAL LAW ENFORCEMENT OFFICERS; TO CREATE A DECERTIFICATION
DATABASE; TO REQUIRE USE OF THE FEDERAL BUREAU OF INVESTIGATION'S
NEXT GENERATION IDENTIFICATION SYSTEM AND RAP BACK SERVICE FOR
LAW ENFORCEMENT; TO REQUIRE REPORTING RELATED TO GIGLIO
MATERIAL; TO EXPAND TRANSPORTATION OF INVOLUNTARY COMMITMENT
RESPONDENTS; TO STANDARDIZE LAW ENFORCEMENT OFFICER ENTRY
REQUIREMENTS AND ONGOING REQUIREMENTS; TO REQUIRE
PSYCHOLOGICAL SCREENINGS OF LAW ENFORCEMENT OFFICERS PRIOR TO
CERTIFICATION OR EMPLOYMENT; TO EDUCATE LAW ENFORCEMENT
OFFICERS ON MAINTAINING GOOD MENTAL HEALTH, AND TO PROVIDE
INFORMATION TO LAW ENFORCEMENT OFFICERS ON MENTAL HEALTH
RESOURCES AVAILABLE; TO CREATE A PHYSICAL FITNESS STUDY; TO
DECRIMINALIZE CERTAIN LOCAL ORDINANCES AND PROVIDE COMPLIANCE
AS A DEFENSE TO AN ORDINANCE VIOLATION; TO MANDATE MISDEMEANOR
FIRST APPEARANCES WHEN A DEFENDANT IS IN CUSTODY; TO REQUIRE USE
OF THE NATIONAL DECERTIFICATION INDEX MAINTAINED BY THE
INTERNATIONAL ASSOCIATION OF DIRECTORS OF LAW ENFORCEMENT
STANDARDS AND TRAINING IN THE CERTIFICATION PROCESS FOR CERTIFIED
PERSONNEL; TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO
INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE; TO ADDRESS
CONSTITUTIONAL ISSUES WITH SATELLITE-BASED MONITORING RAISED IN
STATE VERSUS GRADY AND CREATE A PROCESS TO REVIEW WHETHER
OFFENDERS SUBJECT TO THAT CASE WHICH WERE REMOVED FROM
SATELLITE-BASED MONITORING ARE OTHERWISE ELIGIBLE; TO REMOVE THE
STANDARDS COMMISSIONS FROM A NONEXCLUSIVE LIST OF STATE AGENCY
LICENSING BOARDS; TO PROTECT LAW ENFORCEMENT OFFICERS; TO AMEND
THE LAW TO PROVIDE IMMEDIATE DISCLOSURE OF BODY-WORN CAMERA
RECORDINGS RELATED TO DEATH OR SERIOUS BODILY INJURY; AND TO
ESTABLISH THE BIPARTISAN NORTH CAROLINA LEGISLATIVE WORKING
GROUP TO MAKE RECOMMENDATIONS FOR THE RECODIFICATION OF NORTH
CAROLINA'S CRIMINAL LAWS.
The General Assembly of North Carolina enacts:
PART I. DECERTIFICATION STATEWIDE DATABASE AND PUBLIC LAW
ENFORCEMENT DATABASE REGULATIONS
SECTION L(a) Article 1 of Chapter 17C of the General Statutes is amended by
adding a new section to read:
"& 17C-14. Database of law enforcement officer certification suspensions and revocations.
6
detention;(ii)best practices for handling incidents involving juveniles;
(iii) adolescent development and psychology; and (iv) promoting
relationship building with youth as a key to delinquency prevention.
C. Ethics.
d. Mental health for justice officers.
e. Community policing.
f. Minority sensitivity.
g_ Use of force.
h. The duty to intervene and report.
SECTION 11.(c) This section becomes effective January 1, 2022.
PART XII. EXEMPT CHANGES TO LAW ENFORCEMENT IN-SERVICE TRAINING
STANDARDS FROM RULEMAKING
SECTION 12.(a) G.S. 15013-1(d) reads as rewritten:
"(d) Exemptions from Rule Making. — Article 2A of this Chapter does not apply to the
following:
66aa) The Criminal Justice Education and Training Standards Commission with
respect to establishing minimum standards for in-service training for criminal
justice officers under G.S. 17C-6(a)(14).
The Sheriffs' Education and Training Standards Commission with respect to
establishing minimum standards for in-service training for justice officers
under G.S. 17E-4(a)(11).
SECTION 12.(b) This section is effective when it becomes law.
PART XIII. DECRIMINALIZATION OF CERTAIN ORDINANCES
SECTION 13.(a) G.S. 153A-123 reads as rewritten:
"§ 153A-123. Enforcement of ordinances.
(b) Unless theboard of eefmnissiener-s has provided other-wi Except for the types of
ordinances listed in subsection (b 1) of this section, violation of a county ordinance may be a
misdemeanor or infraction as provided by G.S.14-4. G.S. 14-4 only if the county specifies such
in the ordinance. An ordinance may provide by express statement that the maximum fine, term
of imprisonment, or infraction penalty to be imposed for a violation is some amount of money or
number of days less than the maximum imposed by G.S. 14-4. Notwithstanding G.S. 153A-45,
no ordinance specifying a criminal penalty may be enacted at the meeting in which it is first
introduced.
bhl,) No ordinance of the following types may impose a criminal penalty_
(11,) Any ordinance adopted under Article 18 of this Chapter, Planning and
Regulation of Development or, its successor, Chapter 160D of the General
Statutes, except for those ordinances related to unsafe buildings.
Q Any ordinance adopted pursuant to G.S. 153A-134, Regulating and licensing
businesses, trades, etc.
Any ordinance adopted pursuant to G.S. 153A-138, Registration of mobile
homes, house trailers, etc.
Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing
programs.
fQ Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor
advertising or, its successor, G.S. 160D-912, Outdoor advertising_
7
Any ordinance adopted pursuant to G.S. 153A-144,Limitations on regulating_
solar collectors or, its successor, G.S. 160D-914, Solar collectors.
0 Any ordinance adopted pursuant to G.S. 153A-145,Limitations on re_ug lating
cisterns and rain barrels.
(88) Any ordinance regulating trees.
SECTION 13.(b) G.S. 160A-175 reads as rewritten:
"§ 160A-175. Enforcement of ordinances.
(b) Unless;ne Couneil shall other-wise provide, Except for the types of ordinances listed
in subsection (bl) of this section, violation of a city ordinance is-may be a misdemeanor or
infraction as provided by G.S. 14-4 only if the city specifies such in the ordinance. An
ordinance may provide by express statement that the maximum fine, term of imprisonment, or
infraction penalty to be imposed for a violation is some amount of money or number of days less
than the maximum imposed by G.S. 14-4. Notwithstanding G.S. 160A-75, no ordinance
specifying a criminal penalty may be enacted at the meeting in which it is first introduced.
bbll) No ordinance of the following types may impose a criminal penalty:
W Any ordinance adopted under Article 19 of this Chapter, Planning and
Regulation of Development, or its successor, Chapter 160D of the General
Statutes, except for those ordinances related to unsafe buildings.
Q Any ordinance adopted pursuant to G.S. 160A-193.1, Stream-clearing
programs.
(3) Any ordinance adopted pursuant to G.S. 160A-194, Regulating and licensing
businesses, trades, etc.
(4) Any ordinance adopted pursuant to G.S. 160A-199, Regulation of outdoor
advertising or, its successor, G.S. 160D-912, Outdoor advertising_
Any ordinance adopted pursuant to G.S. 160A-201, Limitations on regulating
solar collectors or, its successor, G.S. 16013-914, Solar collectors.
(66,) Any ordinance adopted pursuant to G.S. 160A-202, Limitations on regulating
cisterns and rain barrels.
(77,) Any ordinance adopted pursuant to G.S. 160A-304, Regulation of taxis.
Any ordinance adopted pursuant to G.S. 160A-306, Building setback lines.
(99,) Any ordinance adopted pursuant to G.S. 160A-307, Curb cut regulations.
10 Any ordinance regulatingtrees.
rees.
11 SECTION 13.(c) G.S. 14-4 reads as rewritten:
"§ 14-4. Violation of local ordinances misdemeanor.
(a) Except as provided in subsection (b)—, (b) or Cclof this section, 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).
(b) If any person shall violate an ordinance of a county, city, or town regulating the
operation or parking of vehicles,he shall be responsible for an infraction and shall be required to
pay a penalty of not more than fifty dollars ($50.00).
U A person may not be found responsible or guilty of a local ordinance violation
punishable pursuant to subsection (a) of this section if, when tried for that violation, the person
produces proof of compliance with the local ordinance through any of the following_:
(11,) No new alleged violations of the local ordinance within 30 days from the date
of the initial alleged violation.
8
SECTION 22.(a) If any provision of this act or its application is held invalid, the
invalidity does not affect other provisions or applications of this act that can be given effect
without the invalid provisions or application, and to this end the provisions of this act are
severable.
SECTION 22.(b) Prosecutions for offenses committed before the effective date of
this act are not abated or affected by this act, and the statutes that would be applicable but for
this act remain applicable to those prosecutions.
SECTION 22.(c) Except as otherwise provided,this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 25th day of August,
2021.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:47 p.m. this 2nd day of September, 2021
Article 9: Enforcement 9
Section 9.5: Enforcement Procedure
If the violation has been corrected, the Planning Director shall take no further action
against the alleged violator. If the violation has not been corrected, the Planning Director
may act to impose one or more of the remedies and penalties specified in the notice of
violation, correction order, or Stop Work Order.
(F) If delay in correcting a violation would seriously threaten the effective enforcement of this
Ordinance or pose a danger to the public health, safety, or welfare, the Planning Director
may seek immediate enforcement without prior written notice through any of the
remedies or penalties detailed herein.
9.5.6 Final Notice of Violation and/or Correction Order
(A) The Planning Director's final written notice of violation (which may be the initial notice)
shall also order correction of the violation, If the identified violation is not corrected within
the timeframe stated in the Initial Notice of Violation or the decision is not appealed to the
Board of Adjustment within the specified timeframes identified in the Initial Notice, a final
written notice of violation shall be issued ordering the correction of the violation. This
final notice shall:
(1) Specify a reasonable time period in which the violation must be corrected, and
(2) State the remedies and penalties authorized within this Ordinance that the
Planning Director may pursue if the violation is not corrected within the specified
time limit.
(B) The final written notice of violation shall be served upon the responsible person(s), either
in person, posting the notice at the property in violation, or by certified or registered mail,
return receipt requested. When service is made by certified mail, a copy of the notice
shall also be sent by regular mail. Service shall be deemed sufficient if the notice by
certified mail is unclaimed or refused, but the notice by regular mail is not returned by the
post office within ten days after mailing, provided that a final notice of violation is posted
in a conspicuous place on the premises affected.
(C) A notice is also not required where action is taken under 9.6.2, 9.6.3, and/or 9.6.65.1
9.5.7 Recurring Violations
A new initial notice of violation is not required where a notice of a violation of the same kind has
been issued to the same violator at the same property within the previous two years. In such
cases, the violator may be charged with a continuing violation without further notice, as provided
in this Section.
9.5.8 Performance Standards
(A) Planning Director Determination
Where the Planning Director determines that there is a violation of performance
standards relating to emission of smoke, odor and explosive hazards influence, he/she
shall take or cause to be taken lawful action to cause correction to within the limits set by
such performance standards. Failure to obey lawful orders concerning such correction
shall be punishable as provided herein.
(B) Technical Determinations
If the Planning Director believes there is a violation but is unable to make a final
determination due to insufficient evidence, the following procedures shall apply:
1 The section number referenced is changing. The amendment is intended to reference this change.
Orange County, North Carolina—Unified Development Ordinance Page 9-4
Article 9: Enforcement 10
Section 9.6: Penalties, Remedies, and Enforcement Powers
(1) The Planning Director shall give written notice, by certified mail, to the person or
persons responsible for the alleged violation. The notice shall describe the
particulars of the alleged violation and the reasons why the Planning Director
believes there is a violation, and shall require an answer or correction of the
alleged violation within a specified time limit. The notice shall state, and it is
hereby declared, that failure to reply or to correct the alleged violation within the
specified time limit set constitutes admission of violation of the terms of this
Ordinance.
The notice shall further state that upon request of those to whom it is directed,
technical determinations as described in this Ordinance will be made, and that if
violations as alleged are found, costs of such determinations shall be charged
against those responsible for the violation, in addition to such other penalties as
may be appropriate. If it is determined that no violations exist, the cost of the
determination will be paid by the County.
(2) If there is no reply within the specified time limit, and the alleged violation is
corrected, it shall be noted, "violation corrected"on the copy of the notice, and
shall be retained among the official records, taking such other action as may be
warranted.
(3) If there is no reply within the specified time limit, thus establishing admission of
violation(s) as provided within (1) above and the alleged violation is not corrected
within the specified time limit, action shall be taken as is warranted by
continuation of a violation after notice to cease.
(4) If a reply is received within the specified time limit indicating that the alleged
violation will be corrected, but additional time is requested, the Planning Director
may grant an extension, if it is deemed warranted in the circumstances of the
case and if the extension will not cause imminent peril to life, health or property.
(5) If reply is received within the specified time limit requesting technical
determinations, as provided in this Ordinance, and if the alleged violations
continue, the Planning Director may call in properly qualified experts to make the
determinations. If expert findings indicate violations of the performance
standards, the costs of the determinations shall be assessed against the
properties or persons responsible for the violation, in addition to such other
penalties as may be appropriate under the terms of this Article. If no violation is
found, the costs of the determinations shall be paid by the County, without
assessment against the properties or persons involved.
9.5.9 Failure to Comply
If a violator does not comply with a notice of violation, correction order, or Stop Work Order,
which has not been appealed, or with a final decision of the Board of Adjustment, the violator
shall be subject to enforcement action as prescribed by State law or by this Ordinance.
• am am - •
9.6.1 In General
(A) The Planning Director may pursue one or more of the remedies and penalties described
herein or otherwise authorized by common law or statute to prevent, correct, or abate a
violation of this Ordinance.
(B) Use of one of the authorized remedies and penalties does not preclude the use of any
other authorized remedies or penalties, nor does it relieve any party to the imposition of
one remedy or penalty from imposition of any other authorized remedies or penalties.
9.6.2 Permit Revocation
(A) In accord with the provisions of this Ordinance, the Planning Director, upon a written
determination, may revoke any permit, certificate, or other authorization granted under
Orange County, North Carolina—Unified Development Ordinance Page 9-5
Article 9: Enforcement 11
Section 9.6: Penalties, Remedies, and Enforcement Powers
this Ordinance for failure to comply with the provisions of this Ordinance or the terms and
conditions of a permit or authorization granted under this Ordinance.
(1) Revocation of any permit or authorization shall follow the same development
review and approval process required for issuance of the development approval,
including any required notice or hearing.
(B) Any permit, certificate, or authorization mistakenly issued in violation of State law or local
ordinance, or issued on the basis of misrepresentations by the applicant, owner, or
owner's agent may be revoked without such written determination.
9.6.3 Permit Denial or Conditioning
(A) As long as a violation of this Ordinance remains uncorrected, the Planning Director may
deny or withhold approval of any permit, certificate, or other authorization provided for in
this Ordinance that is sought for the property on which the violation occurs.
(B) The Planning Director may also condition a permit, certificate, or authorization on the
correction of the violation and/or payment of a civil penalty, and/or posting of a
compliance security.
9.6.4 Injunctive and Abatement Relief in Superior Court
(A) A violation may be corrected by any appropriate equitable remedy, a mandatory or
prohibitory injunction, or an order of abatement as authorized by NCGS 153A-123.
(B) The Planning Director shall have the authority to execute an order of abatement if the
violator does not comply with such order, and the costs of the execution shall be
recovered by a lien on the property in the nature of a mechanic's or materialman's lien.
9.6.5 Criminal Penalties
(A) Any person, firm or Gorporatien who violates the provisions of this OrdinanGe or fails to
Gomply with any ef its requirements shall, upen GonviGtion, be guilty of a Gla
misdemeanor and shall be fiRed Ret mere thaR a maximum ef$500.00, OMPFOSGRMeRt G
criminal n GUtien of the alleged vielater. 2
9-69.6.5 Stop Work Order
(A) If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, moved or maintained, or any building, structure or land is used in violation of a
Stop Work Order, the Planning Director, in addition to other remedies, may institute any
appropriate action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain,
correct or abate the violation, to prevent occupancy of the building, structure or lands, or
to prevent any illegal act, conduct, business or use in or about the premises.
(B) Notice of a Stop Work Order shall be in writing, directed to the person(s)conducting the
violating activity and/or the property owner, and shall state the reasons for the issuance
of the Order, and the conditions under which activity may be resumed. Notice shall be
given by registered or certified mail, return receipt requested. A copy of the notice shall
also be sent by regular mail. Service shall be deemed sufficient if the notice by certified
mail is unclaimed or refused, but the notice by regular mail is not returned by the post
office within ten days after mailing. Upon issuance of such Order, and posting of same
on the site of the violation, all work on the site of the violation shall cease, except those
activities necessary to bring the site into compliance with this Ordinance.
2 Recent changes in State law,specifically Session Law 2021-138,decriminalizes certain ordinances including land
use regulations. As a result,a violation of County land use regulations is no longer considered to be a criminal
offence. Accordingly,staff is required to modify our existing regulations to address the changes in State law.
Orange County, North Carolina—Unified Development Ordinance Page 9-6
Article 9: Enforcement 12
Section 9.6: Penalties, Remedies, and Enforcement Powers
(C) The person(s)conducting the violating activity and/or the property owner may appeal the
Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this Ordinance.
9.6.79.6.6 Civil Penalty
(A) The Planning Director may impose one or more civil penalties and issue one or more
Civil Penalty Citations for a violation as provided in this subsection. If the violator does
not pay the penalty, the Planning Director may collect it in a court through a civil action in
the nature of a debt.
(B) Notice
The Planning Director shall give the responsible person(s) and the landowner, if the
landowner is not the responsible person(s), written notice of the civil penalty citation,
either by personal delivery, electronic delivery, or first class mail. The notice shall include
a copy of the notice of violation, the amount of the penalty, information about where to
pay the penalty, the deadline for payment, which shall be ten days from the date of the
notice, and the possibility of civil enforcement. The Planning Director
shall certify that the notice was provided. s
(C) Penalty Amount
The Planning Director may impose a penalty of$500.00 per day of violation.
(1) For purposes of assessing the amount of a civil penalty, each day the violation
remains uncorrected after receipt of the final notice of violation, correction order,
Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of
emergency enforcement, shall constitute a separate violation that subjects the
violator to additional civil penalties.
(D) Settlement of Claims
The Planning Director is authorized to determine the amount of payment that will be
accepted in full and final settlement of some or all of the claims the governing body may
have in connection with the violation. The Planning Director shall indicate in writing the
claims from which the violator is released. If the violation has not been remedied,
payment shall not release a violator from potential Griminal preseGutie er a claim for
injunctive relief and/or an order of abatement._'
(E) Continuing Violations
(1) The Planning Director may issue a Civil Penalty Citation for a violation that
continues without being corrected. The violator in such cases may be assessed
a penalty for each day of the continuing violation.
(2) An initial Civil Penalty Citation for a single violation must be issued before a Civil
Penalty Citation for a continuing violation is issued.
(3) If the violator has failed to pay the penalty and correct the violation after the initial
Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a
continuing violation with a daily penalty.
(4) An initial Civil Penalty Citation is not required if the Department has previously
issued a Civil Penalty Citation to the violator for the same violation at the same
location within the previous two years.
(5) The Planning Director may give a single notice of a Civil Penalty Citation for a
continuing violation. The notice must contain a copy of the notice of violation and
must state that the violation is continuing, that a daily penalty of a specified
amount is being imposed, and that the penalty is cumulative.
(F) Judicial Action to Collect Civil Penalty
3 As land use regulations are no longer criminal matters,staff is eliminating language indicating same.
'IBID.
Orange County, North Carolina—Unified Development Ordinance Page 9-7