HomeMy WebLinkAboutAgenda - 02-24-2003-c2a~S Public Hearing Ordinance 10
Section 2. (pages 79 through 80) Amend Sub-section VII-E (Penalties for Violations) of Section VII
(Legal Status Provisions) of the Orange County, NC Subdivision Regulations to read as
follows:
SECTION VII. LEGAL STATUS PROVISION
VII-E. Enforcement
VII-E-1 Violations: Violators
VII-E-1.1 Violation
If a person who is the owner or the agent of the owner of any land located within the
territorial jurisdiction of Orange County subdivides his/her land in violation of this
Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a
plat showing a subdivision of the land before the plat has been properly approved under
the provisions of this Ordinance and recorded in the Office of the Register of Deeds,
he/she shall be in violation of this Ordinance. The description by metes and bounds in
the instrument of transfer or other document used in the process of selling or transferring
land does not exempt the transaction from the enforcement provisions of this Ordinance.
For the purpose of Article VII-E of the Orange County Subdivision Regulations, the term
"person" is defined to include but not be limited to any individual, group of individuals, or
any corporation, partnership, association, company, or business, trust, joint venture, or
other legal entity.
VII-E-1.2 Responsibility
The Planning Director shall enforce this Ordinance and the remedies authorized under
this Article. The Planning Director shall have the authority to settle any violations that
involve the payment of money to the governing body.
VII-E-1.3 Planning Director
For the purposes of this Article "Planning Director' shall mean the Director of the Orange
County, NC Planning and Inspections Department and/or a sworn staff member acting in
the capacity of the Planning Director.
VII-E-2 Enforcement Procedures
VII-E-2.1 Inspections and Investigations:
On receiving complaints or other information suggesting a violation of this Ordinance, the
Zoning Officer shall investigate the situation and determine whether a violation exists.
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VII-E-2.2 Initial Notice of Violation:
On determining that a violation exists, the Planning Director shall give the responsible
person(s) written notice of the violation by certified or registered mail, return receipt
requested. When service is made by certified mail, a copy of the notice may 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 (10) days after mailing.
The notice shall describe the nature of the violation and its location, state the actions
necessary to correct the violation, and invite the alleged violator to meet with the
Planning Director to discuss the violation and how it may be corrected. The Planning
Director may provide the alleged violator additional notices of violation.
VII-E-2.3 Final Notice of Violation; Correction Order:
The Planning Director's final written notice of violation (which may be the initial notice)
shall also order correction of the violation, specify a reasonable time period in which the
violation must be corrected, state the remedies and penalties authorized in Article VII-E-3
the Planning Director may pursue if the violation is not corrected within the specified time
limit. 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 may 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 (10) days after mailing, provided that a final notice of violation is
posted in a conspicuous place on the premises affected.
VII-E-2.4 Extension of Time Limit to Correct Violation:
The recipient of a notice of violation, correction order, or the owner of the property on
which the violation occurs, may submit to the Planning Director a written request for
extension of the notice or order's specified time limit for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control of the
person requesting the extension, the Planning Director may extend the time limit as
reasonably necessary to allow timely correction of the violation.
VII-E-2.5 Failure to Comply with Notice:
If the violator does not comply with a notice of violation, or correction order, the violator
shall be subject to enforcement action as prescribed by State law or by this Ordinance.
VII-E-2.6 Extension of Time Limit to Correct Violation:
The recipient of a notice of violation, correction order, or the owner of the property on
which the violation occurs, may submit to the Planning Director a written request for
extension of the notice or order's specified time limit for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control of the
person requesting the extension, the Planning Director may extend the time limit as
reasonably necessary to allow timely correction of the violation.
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VII-E-2.7 Enforcement Action After Time Limit to Correct Violation:
Following the time limit for correction of the violation, including any stay or extension
thereof, the Planning Director shall determine whether the violation has been corrected.
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, or correction order.
VII-E-3 Remedies: Penalties: Enforcement Action
VII-E-3.1 General
The Planning Director may pursue one (1) or more of the following remedies and
penalties described below or in Article VII-E-4, or otherwise authorized by common law or
statute, to prevent, correct, or abate a violation of this Ordinance. Such statutes include,
but are not limited to, G.S. Chapter 14, Section 4 and G.S. Chapter 153A, Sections 123,
324, and 334 et. seq. Use of one (1) of the authorized remedies and penalties does not
preclude the Planning Director from using any other authorized remedies or penalties,
nor does it relieve any party to the imposition of one (1) remedy or penalty from
imposition of any other authorized remedies or penalties.
a) Permit Denial or Conditioning:
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. 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.
b) Injunctive and Abatement Relief in Superior Court:
The County may apply to a General Court of Justice in accordance with the
provisions of G.S. 153A-123 (e) and G.S. 153A-334 to bring an action for
injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the
Court shall, upon appropriate findings, issue an injunction and order requiring the
offending party to comply with the Subdivision Regulations of the County.
c) Criminal Penalties:
Any person who, being the owner or the agent of the owner of any land located
within the jurisdiction of this Ordinance, subdivides land in violation of this
Ordinance, or transfers, or sells land by reference to, exhibition of, or any other
use of a plat showing a subdivision of the land before the plat has been properly
approved under this Ordinance, and recorded in the Office of the Register of
Deeds, shall be guilty of a misdemeanor and shall be punishable, accordingly, by
fine and/or imprisonment.
The description by metes and bounds in the instrument of transfer, or other
document used in the process of selling or transferring land, does not exempt the
transaction from penalties.
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d) Judicial Action to Collect Civil Penalty:
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A civil action in the nature of a debt may be filed in any court of competent
jurisdiction to collect an unpaid civil penalty imposed under Article VII-E-4 below.
VII-E-4 Civil Penalty
VII-E-4.1 General
Any person who proceeds to develop land as authorized by an approved preliminary plat
and who fails to carry out such development according to the provisions of the plat, and
all specific conditions of approval, shall be in violation of this Ordinance and shall be
punished by fine.
The Planning Director may impose one (1) or more civil penalties and issue one (1) or
more Civil Penalty Citations for a violation as provide below. 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.
VII-E-4.2 Notice
The Planning Director shall give the responsible person(s) written notice of the violation,
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 may 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 (10) days after mailing, provided that a notice of violation is
posted in a conspicuous place on the premises affected.. 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 (10) days from the date of the
notice, and the possibility of civil and/or criminal enforcement.
VII-E-4.3 Amount
The Planning Director may impose a penalty of five hundred dollars ($500.00) per day of
violation.
For purposes of assessing the amount of a civil penalty, each day the violation remains
uncorrected after receipt of the final notice of violation, or correction order, shall
constitute a separate violation that subjects the violator to additional civil penalty.
VII-E-4.4 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 criminal prosecution or a claim for
injunctive relief and/or an order of abatement.
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VII-E-4.5 Continuing Violations
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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. An initial Civil Penalty Citation for a single violation must
be issued before a Civil Penalty Citation for a continuing violation is issued. 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.
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 the
violation is continuing, that a daily penalty of a specified amount is being imposed, and
that the penalty is cumulative.
debt;
(5)
Section 3. That this Ordinance be filed in the book of published Ordinances.
Section 4. That this Ordinance is effective upon adoption.
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NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners that this
Ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of
Orange County" be adopted.
Upon motion of Commissioner seconded by Commissioner
the foregoing Ordinance was adopted this the day of
.2003.
I, Donna S. Baker, 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 , 2003 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2003.
Clerk to the Board of Commissioners
SEAL
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