Loading...
HomeMy WebLinkAboutAgenda - 06-26-2003-8MORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 2003 Action Agenda Item No. ~ ~- m SUBJECT: Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): Procedure Chart for Code Enforcement P.s Proposed Ordinance P~$ Planning Board Minutes -April 2, 2003 P z2 (INFORMATION CONTACT: Craig N. Benedict, Director, ext. 2592 Robert P. Davis, Planner III, ext. 2580 Public Hearing Minutes -Feb. 24, 2003 P2~ TELEPHONE NUMBERS: Staff Chart P 31 Hillsborough 245-2575 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To close the public hearing and to make a decision on adoption of proposed Zoning Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. BACKGROUND: The emphasis on zoning and subdivision code enforcement matters in general, and in these specific amendments, is to develop stronger communication and compliance mechanisms to protect the health, safety and welfare of the community. Through this enhanced communication, an understanding between all parties (complainants, possible violators and the County) can be achieved to note the issue, discuss the severity of the problem, and jointly develop options and solutions that are feasible and reasonable for the individuals. Compliance is the goal and not penalization, although an increased fine structure may assist in proactive discouragement of improper activities. The Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Differences in BOCC role hi_ghli_ghted in Bold BOCC Role in Enforcement Procedure Currently: • Staff begins compliance process (i.e. personal contact, letters, follow up, citation) • Right of appeal to Board of Adjustment of any zoning ordinance decision of Zoning Officer • Right of appeal to BOCC of any staff decision regarding Subdivision Regulations • After exhausting the zoning enforcement notification process staff prepares civil penalties abstract for BOCC; historically, demand has been made by the BOCC before the Planning Director/Zoning Officer or the County Attorney takes any collection or court action for zoning enforcement G/Current Planning/robert/final enforcement documents/ bocc abstract 6 26 2003 2 • BOCC makes demand for payment of civil penalties after notice of zoning violation has been communicated to the offending party • Time-consuming procedure to process paperwork reduces actual field investigations and enforcement. Each zoning enforcement case can take months to settle with significant staff time, paperwork, attorney time, and eventually time demands on the BOCC agenda. There are currently over 100 backlogged zoning complaints in process. • Civil Penalties accrue at $100/day rate in Zoning Ordinance; $50/Day in Subdivision Regulations • Must reinitiate process over and over for repeat offenders on the same property • Without additional resources to handle the backlog, or a new procedure to speed up enforcement, the backlog will continue to increase BOCC Role in Enforcement under Proposed Procedure • Staff begins compliance process (i.e. personal contact, letters, follow up, citation) • Right of appeal to Board of Adjustment of any zoning ordinance decision of Zoning Officer • Right of appeal to BOCC of any staff decision regarding Subdivision Regulations • Right of appeal to the BOCC for extension of compliance timeline is now available for both zoning and subdivision enforcement. Previously, an extension of the deadline set for correcting the violation has, on occasion, been offered to the violator by the BOCC as a way to avoid accessing civil penalties. However, there is no language in the Zoning Ordinance or Subdivision Regulations that permit extensions of time or additional `grace periods' for zoning or subdivision violations. This proposed amendment will provide a right of extension of compliance deadline by the BOCC. The violator must appear before the BOCC to make the request. • Only after reasonable time set for correcting the violation, and any stay or extension thereof, has passed, may the Planning Director/Zoning Officer issue a civil penalty citation and/or initiate other legal action for enforcement. • Civil penalty citation can be made at the same time as other enforcement remedies are being pursued; this conveys the gravity of the situation to the violator and reduces extended periods of delay for easily correctable violations • Civil penalties accrue at a $500 per day rate for both Zoning Ordinance and Subdivision Regulations with ability of Planning Director to reduce or eliminate the fine upon correction of the violation. • Proposed amendment allows for continued enforcement of continuing zoning violations to avoid intermittent compliance with rules Current Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. As with any decision of the Zoning Officer the appeal process is to the Board of Adjustment. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action -Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties -Offender subject to penalty of $100 after notice sent to offender, and collection of unpaid civil penalties may be pursued after demand for civil penalty payment made by BOCC. Penalties accrue daily. G/Current Planning/robert/final enforcement documents/ bocc abstract 6 26 2003 3 • Injunction and Abatement -Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing and/or to order abatement. • Stop Work Order -Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. Current Subdivision Regulations The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). The appeal process on staff decisions for subdivision matters is to the Board of County Commissioners, not the Board of Adjustment. As is the case in the Zoning Ordinance, there are limited details on the notification of violations and the citation procedure. • Criminal Action -Offender guilty of a misdemeanor punishable by fine of no more than $50 or thirty-(30) days in jail. • Civil Penalties -Offender subject to fee of $50. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement -Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. A. Information/Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address the County's objective for voluntary Ordinance compliance over formal enforcement measures. a. The proposed amendments to the Zoning Ordinance and Subdivision Regulations (hereafter collectively referred to as "Ordinances") have been amended to add a Purpose and Intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinances have been amended so that initial contact with offender will be made in person or by teleph b. one. 3) Concern over posting of notice on property (absentee landowner-tenant removes posted notice-landowner unaware of violation). a. Ordinances allow for various methods of notice. The proposed Ordinances have been amended to require the Planning Department to attempt, in every case, to provide the violator with written notice of the violation either in person or by certified mail. Posting, when used along with notice by regular mail, remains an option only when the violator does not claim or refuses to accept a notice of violation by certified mail. 4) In addressing zoning violations that have ceased, yet re-occur within two (2) years, what would happen if the property were to be sold? How would the violation be handled? a. The proposed Zoning Ordinance has been amended to state that a new notice is not required when a notice of violation of the same kind/type has been issued to the same violator within the previous two years. However, with such continuing violations, a single new notice of civil penalty citation for a continuing violation may be issued. In every instance a new notice of violation will be required if the property has been sold to an entity different from the owner initially notified. 5) Concern over allowing Zoning Officer to issue civil penalty citations and to settle monetary penalties. No public recourse to approach BOCC to discuss violation or to give BOCC ability to allow for extensions of time limits to correct Zoning Violations. G/Current Planning/robert/final enforcement documents/ bocc abstract 6 26 2003 4 a. The BOCC has, under the current Zoning Ordinance, set the civil penalty to begin automatically upon failure of the violator to timely correct the violation. The BOCC currently makes demand for unpaid civil penalties under the current Zoning Ordinance. The proposed change allows for the Zoning Officer to issue civil penalty citations and settle monetary penalties after the time set to correct the zoning violation has passed. The BOCC suggested allowance of opportunity for public to address them by giving the BOCC responsibility for allowing extensions of time limits to correct zoning violations. b. The proposed Ordinance has been amended to allow the offender to request through the BOCC a time extension for correction of the violation. Civil penalties may not be assessed until the time set for correction of the violation, and any stay or extension thereof, has passed. 6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) and $50 (Subdivision Regulations) to $500 in each Ordinance. a. The rationale for the increase in the amount of the civil penalty is to provide another tool to use to obtain compliance with the Ordinance/Regulations. b. Staff proposes to keep the proposed civil penalty fine at $500 (Zoning Ordinance) and increase civil penalty from $50 to $500 in the Subdivision Regulations so that penalties will be consistent in both Ordinances. 7) Concern over Zoning Officer having discretion over settlement of claims regarding civil penalties. a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer will be allowed to determine at what point penalties begin, but under no circumstance may civil penalties begin until the time set for correction of the violation, and any stay or extension thereof, has passed. Offender must be informed (through civil penalty citation) of when penalties begin. B. Information/Issues at Ordinance Review Committee Meeting on April 2, 2003 1) Concern regarding the need for requests for extension of time limits to correct violations to be in writing. a. Language has been added to state that Staff shall provide assistance in cases where an individual is not able to provide written request for time extension. C. Information/Issues at Planning Board Meeting on April 2, 2003 1) Concern regarding the need for requests for extension of time limits to correct violations to be in writing. a. Language has been added to state that Staff shall provide assistance in cases where an individual is not able to provide written request for time extension. 2) Concern about use of telephone in personal contact with offenders at initial notice of violation stage. One Planning Board member expressed the opinion that a telephone call may be perceived as a joke or should not be taken seriously. a. The proposed Ordinances state that the telephone is one method that may be used to make personal contact. In questionable circumstances (person not at home, apparent dangerous situation), a telephone call can be used to make initial contact. Staff recommends this option remain as part of the proposed Ordinance. 3) Voted to keep civil penalty fine at $500 per day as originally proposed. a. Staff, after concerns raised at the Joint Public Hearing on February 24, 2003, proposed to leave the fine at $100 per day (Zoning) and to increase the fine from $50 G/Current Planning/robertlfinal enforcement documents/ bocc abstract 6 26 2003 5 to $100 (Subdivision). Suggested language included addition of "up to ro osed fine amount). Staff, in consultation with the County Attorney's Office, believes that the language should not include the words "up to", as this language is overly discretionary and could lead to discrepancies in penalty assessments. A "flat penalty" of $500 will result in simplified assessment calculation. Process 1) Public Hearing held on February 24, 2003. 2) Ordinance Review Committee meeting held on April 2, 2003. 3) Planning Board meeting held on April 2, 2003. On April 2, 2003, the Planning Board, on a unanimous vote, recommended that the BOCC adopt the proposed changes. 4) BOCC to close public hearing and make final decision. FINANCIAL IMPACT: No public financial impact associated with this action. RECOMMENDATION(S): Administration recommends APPROVAL of the proposed Ordinance. Planning Board recommends APPROVAL of the proposed Ordinance. Planning Staff recommends APPROVAL of the proposed Ordinance. G/Current Planning/robertlfinal enforcement documents/ bocc abstract 6 26 2003 Current vs. Proposed Zoning Enforcement CURRENT PROCEDURE PROPOSED PROCEDURE 1. Zoning Officer receives complaint or 1. Zoning Officer receives complaint or observes zonin violation. ~ observes zonin violation. 2. Zoning Officer logs complaint into system 2. Zoning Officer logs complaint into system 3. Zoning Officer investigates complaint 3. Zoning Officer investigates complaint 4. If violation exists, Zoning Officer takes 4. If violation exists, Zoning Officer takes hotos and initiates notification rocess photos and initiates notification rocess 5. 5. Zoning Officer must whenever possible make contact with the violator either in person or via telephone to discuss the violation. 6. Notice sent to violator, by registered or 6. Initial notice of violation delivered in certified mail, describing violation, person or sent to violator, by registered specifying reasonable time to correct or certified mail, describing violation, violation, and warning that failure to correct specifying reasonable time to correct violation within time period will result in violation, and inviting the alleged assessment of civil penalty. violator to meet with the Zoning Officer to discuss the violation and how it maybe corrected. The Zoning officer may provide the alleged violator additional notices of violation. If the violator does not claim or refuses to accept certified mail delivery containing the notice, notice by regular mail along with posting on site is an option. ~. 7. Final notice of violation may also be delivered in person or sent to violator, by registered or certified mail, describing violation and specifying reasonable time to correct violation and the remedies and penalties for failure to timely correct. If the violator does not claim or refuses to accept certified mail delivery containing the notice, notice by regular mail along with posting on site is an o tion. 8. The violator may appeal the Zoning Officer's 8. The violator may appeal the Zoning determination of violation to the Board of Officer's determination of violation to Adjustment. the Board of Adjustment. 9. [There is no prevision in the existing 9. The violator may appeal the ordinance concerning an appeal to the compliance date to the Orange County Commissioners for additional lime, to correct Board of Gemmissioners for additional the violation.] time to correct the violation. [^'nrrent ys. Proposed Zoning Enforcement 10. The existing ordinance teat provides that 10. Enforcement action (including civil "ji]n the event the violation is not corrected penalty citation) may not begin until within the time period provided in the notice, time limit for correction and any stay or the Orange County Board of Commissioners BOCC extension thereof has passed. If shall make written demand. for payment ... the violation has not been timely upon the violator] and shall set forl]I in corrected, the Zoning Officer may detail a description of the violation for which impose one or more of the remedies the penalty has been invoked. If paymeirt is and penalties specified below, not received or equitable settlement reached including civil penalties. If a delay in within 30 days after demand for payment is correction would pose a serious danger made, the matter shall be referred for to public health, safety or welfare, the institution of a civil action.'' Zoning Officer may seek emergency enforcement without prior notice through permit revocation, permit denial or conditioning or in'unction. 11. 11. Initial notice of civil penalty citation sent to violator, by registered or certified mail, attaching a copy of the notice of violation. If the violator does not claim or refuses to accept certified mail delivery containing the notice of civil penalty citation, notice by posting on site is an o tion. 12. 12. Neither a notice of violation nor notice of initial civil penalty citation is required if the same violator corrects but later resumes the same violation within two years. The Zoning Officer may, upon resumption of the violation, give a single notice of civil penalty citation for a continuin violation. 13. Each day's continuing violation of the 13. Each day's continuing violation of the Zoning Ordinance is a separate and distinct Zoning Ordinance is a separate and offense. distinct offense. 14. If payment is not received or equitable 14. Tl-~e Zoning Officer (Planning Director settlement received within 30 days, civil ~ under the general supervision of the action will be instituted in the Courts for County Manger) may p~usue civil recove of the enalty. action to collect wi aid civil penalties. 15. Zoning Officer may institute court action to 15. Zoning Officer may institute court enjoin or abate the continuing zoning action to enjoin or abate the continuing violation. zoning violation. 16. Zoning Officer may post a stop work order. 16. Zoning Officer may post a stop work order. 17. Any combination of the above penalties and 17. Any combination of the above penalties remedies may be used to enforce the Zoning and remedies maybe used to enforce Ordinance. the Zonin Ordinance. ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD s Text and Section Numbers/Headings =Proposed Language gtri~et#Feug# =Existing Language Deleted Italics & Italics -Language Added During Public Hearing Period -Proposed Language Deleted During Public Hearing Period An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance and Subdivision Regulations are hereby amended as follows: Section 1. (pages 23-1 through 23-2) Amend Article 23 (Violations Penalties and Remedies) of the Orange County, NC Zoning Ordinance to read as follows: ARTICLE 23. ENFORCEMENT `~'^' ^T'^ 1e~ D~I~IAI TICC AAII] ~~ 23.1 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. 23.1.1 Violations: Violators 23.1.2 Violation It is unlawful and a violation of this Ordinance to establish, create, expand, occupy, or maintain any use, land development activity, or structure, including, but not limited to, signs and buildings, that violates or is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. Approvals and authorizations include, but are not limited to, Special Use Permits, Sign Permits, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Variances, development plans, site plans, landscaping plans, and conditions of such permits, variances, and plans. It is also a violation to engage in any construction, land development activity, or use without all approvals and authorizations required by this Ordinance. 23.1.3 Violators Violators include, but are not limited to, any person(s) who owns, leases, occupies, manages, or builds any structure or land development activity in violation of this Ordinance, and any person (s) who owns, leases, or occupies a use in violation of this Ordinance. A violation may be charged against more than one violator. For the purpose of Article 23 of this Ordinance, 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. In addition, one or more of the following persons may be held responsible for a violation of this Ordinance, and be subject to the remedies and penalties provided in this Article: G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD s 1) An owner of the property on which the violation of this Ordinance occurs, any, tenant or occupant of that property who has control over, or responsibility for, its use or development, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance. 23.1.4 Responsibility The Zoning Officer shall enforce this Ordinance and the remedies authorized under this Article. The Zoning Officer shall have the authority to settle any violations that involve the payment of money to the governing body. ~, 23.2 Enforcement Procedures 23.2.1 Inspections and Investigations: A program of inspections and investigations to determine compliance with the Zoning Ordinance and orders, plans, permits, certificates, and authorizations issued under the Zoning Ordinance, is hereby authorized. This program shall be conducted under the general authority of the Zoning Officer. 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. 23.2.2 Initial Notice of Violation: On determining that a violation exists, the Zoning Officer shall, whenever possible, make contact with the violator either in person or via telephone fo discuss the violation. The Zoning Officer shall then give the responsible person(s) written notice of the violation, either in person, , 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 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 Zoning Officer to discuss the violation and how it may be corrected. The Zoning Officer may provide the alleged violator additional notices of violation. This notice is an administrative determination subject to appeal as provided in Article 2.3 of this Ordinance. 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer'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 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 10 the correction order is the initial notice. 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. A notice of a new 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 (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in Article 2.3, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has made a decision concerning the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the Zoning Officer's determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the 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. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of an initial notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may, within thirty (30) days of the receipt or posting of the initial notice of violation or correction order, whichever is earlier, submit, to the Board of County Commissioners, Zea+ag-9ffiseF a written request, to be filed with the Zoning Officer, for extension of the specified time limit for correction of the violation. In cases where an appeal of the notice of violation has been properly filed with the Board of Adjustment, the thirty (30) day period shall commence upon receipt of the notice of the Board of Adjustment decision concerning the violation or correction order. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable fo prepare a written statement. The Zoning Officer will recommend whether the time limit should be extended. 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 Board of County Commissioners'^^~^^ ^~~^ .may extend the time limit as reasonably necessary to allow timely correction of the violation. G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 11 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation, correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: 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 Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. 23.3 Remedies• Penalties: Enforcement Action 23.3.1 General The Zoning Officer may pursue one (1) or more of the following remedies and penalties described below or in Article 23.4, or otherwise authorized by common law or statute, to prevent, correct, or abate a violation of this Ordinance. , Use of one (1) of the authorized remedies and penalties does not preclude the Zoning Officer 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 Revocation: In accord with the provisions of this Ordinance ,the Zoning Officer , upon a written determination by the Zoning Officer ,may revoke any permit, certificate, or other authorization granted under this Ordinance 6e~,~-pJG~ede for failure to comply with the provisions of this Ordinance or the terms and conditions of a permit or authorization granted under this Ordinance. 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. b) Permit Denial or Conditioning: As long as a violation of this Ordinance remains uncorrected, the Zoning Officer 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 Zoning Officer 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. r~\(:urrent Plannina/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 12 c) Injunctive and Abatement Relief in Superior Court: 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. The Zoning Officer 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 a lien on the property in the nature of a mechanic's or materialman's lien. d) Criminal Penalties: Any person, firm or corporation who violates the provisions of this Ordinance or fails to comply with any of its requirements shall, upon conviction, be guilty of a Class 3 misdemeanor and shall be fined not more than a maximum of five hundred dollars ($500.00), imprisonment of up to thirty (30) days, or both, for each violation, as provided in NCGS Section 14-4. The Zoning Officer may refer a violation to the Cea~ty District Attorney for institution of criminal prosecution of the alleged violator. e) Judicial Action to Collect Civil Penalty: 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 23.4 below. f) Stop Work Order: 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 Zoning Officer, 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. 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. 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. G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 13 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 Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the civil penalty citation, either in person, 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 civil penalty citation 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. 23.4.3 Amount The Zoning Officer may impose a penalty of ~o-~e ~ ene )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, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer 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 Zoning Officer 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. 23.4.5 Continuing Violations The Zoning Officer 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. An initial Civil Penalty Citation is not required if the Department has previously G:\Cun-ent Planning/RobeNFinal Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 14 issued a Civil Penalty Citation to the violator for the same violation at the same location within the previous two (2) years. The Zoning Officer 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. G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 15 ~ , , 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 Purpose and Intent This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. VII-E-1.1 Violations: Violators VII-E-1.2 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 G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 1s 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 ' ' ' this Ordinance, 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-1.3 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-1.4 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 Planning Director shall investigate the situation and determine whether a violation exists. VII-E-2.2 Initial Notice of Violation: On determining that a violation exists, the Planning Director shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation. The Planning Director shall then 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, 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, G:\Current Planninc~/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 17 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 an initial notice of violation, correction order, or stop work order, or the owner of the property on which the violation occurs, may, within thirty-(30) days of the receipt or posting of the initial notice of violation or correction order whichever is earlier, submit, to the Board of County Commissioners, Rlar~ieg-9i~'~steF a written request, to be filed with the Planning Director, for extension of the specified time limit for correction of the violation. The Planning Director shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable to prepare a written statement. The Planning Director will recommend whether the time limit should be extended. 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 Board of County Commissioners D1^,9-D;; 2 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 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. 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: G~\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 1s 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 this Section. 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. d) Judicial Action to Collect Civil Penalty: 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. e) Stop Work Order 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, fhe 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. 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. 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. The person(s) conducting the violating activity and/or the property owner may appeal the Stop Work Order to the Board of County Commissioners pursuant to Articles 111-C-5, 111-D-1-h, and lII-D-5 of this Ordinance. 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 G:\Current Planninca/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 1s 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 civil penalty citation, either in person, 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 civil penalty citation 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 a ene 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. VII-E-4.5 Continuing Violations 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. G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 20 Section 3. That this Ordinance be filed in the book of published ordinances. Section 4. That this Ordinance is effective upon adoption. 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 G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 2~ 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 G:\Current Planning/Robert/Final Enforcement Documents/Ordinance as Recommended by Planning Board rev6-20 22 NIINiTTES ORANGE COUNTY PLANNING BOARD APRIL 2, 2003 ORDINANCE REVIEW 6:00-7:30 P.M. ORDINANCE REVIEW MEMBERS PRESENT : Nicole Gooding-Ray, Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative PLANNING BOARD MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large; Rachel Preston, Eno Representative; Noah Ranells, Bingham at Large; Theodore Triebel, Little River Representative STAFF PRESENT (ORDINANCE REVIEW): Craig Benedict, Orange County Planning Director; Robert Davis, Current Planning Supervisor, Planner III; Tom Altieri, Comprehensive Planning Supervisor, Planner III; David Lentzer, Planner II; Carla Thames, Planner I; Tom King, Planner II AGENDA ITEM #1: APPROVAL OF MINUTES a. December 18, 2002 -Ordinance Review MOTION was made by Hunter Schofield to accept the minutes. Seconded by Nicole Gooding- Ray. VOTE: Consensus AGENDA ITEM #2: ITEMS H aARD ~~ m n m WARY 24, 2003 PUBLIC HEARING a. Outdoor Lighting Standa Presenter: Carla Thames PURPOSE:. To provide a recommendation to the Board of County Commissioners regarding Outdoor Lighting Standards. BACKGROUND: Presently, the Orange County Zoning Ordinance does not have any outdoor lighting standards for new or existing development. Generally, the lighting information that the County reviews has been submitted as part of the site plan approval, limiting oversight to those projects requesting a construction authorization. As development and population numbers increase in the County an effective lighting standards ordinance that reflects community values can be an important component in helping to maintain a high quality of life. On occasion, the Planning Department receives complaints that specific lights exceed the brightness necessary to accomplish a particular task. Without clear standards, enforcement action is limited. In these cases, persuasion is the chief enforcement tool and generally has a low rate of success. More recently, there have been concerns about the general loss of darkness during the nighttime hours. `Light Pollution', the common term for sky glow, adversely affects astronomical 23 Benedict: We would like to put something in placet °iven to the ~ontracto se n the area would be before they are approved. An ~onnational bookle g possible. b. Enforcement Procedures Text Amendments Presenter: Tom King Cormnissioners regarding proposed Zoning PURPOSE: To make recommendation to Board of County Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both Ordinances. BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain enforcement provisions, Article 23 and Section VII, respectively. Zoning Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below available for enforcement of the Ordinance. These meth`odhme abd to generdal violation notification The current Ordinance does not provide detailed procedur g process. • Criminal Action -Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties- Offender subject to penalty of es aacOrue daily. tice sent to offender and demand or civil penalty payment made by BOCC. Penalti • Injunction and Abatement -Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order -Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. pgESE~' ORDINANCE PROCEDURE MANDATES THAT THE BOCC, BY RESOLUTION, MAKE DEMAND FOR PAYMENT OF CIVII- PENALTIESIN PARTY THE DEMAND MUST BE~MADE HAS BEEN COMMUI`ITCATED TO THE OFFEND BEFORE THE ZONING OFFICER OR ~C~~CNII. PENA~LT~S PRIER TO INSTITUTING COLLECTION ACTION. STAFF HAS THE EXCEPTION OF STOP WORK ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH _ pRDERS. THI5 PROCEDURE IS TIME CONSUMIl~i o~ DIDE OMPLAINT5 REQUIREE SOF VIOLATIONS THAT STAFF RECEIVES THRO SIGNg'ICANTLY MORE T~ BEING SPENT ON PAPERWORK THAN ON ACTUAL FIELD INVESTIGATIONS AND ENFORCEMENT. The roposed changes in the Ordinance revise and streamlin ed and oarried through the es by p defining in greater detail how violations are to be noticed, cit enforcement process. The amendments also authorize the Planning Director/Zoninh Ofufincer~e ms~tahining BOCC f unpaid civil penalties without BOCC intervention while, at oversight through the County Manager's Office. Subdivision Regulations A 24 enforcement mechanisms (listed The current Subdivision Regulations also provide four (4) below). Again, as in the Zoning Ordinance, there is very little guidance on notification of violations and the citation procedure. Criminal Action -Offender guilty of a misdemeanor punishable by fine of no more than $50.00 or thirty (30) days m jail. ma collect in the nature of Civil Penalties -Offender subject to fee of $50.00. County y a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. Director may ask Court of competent jurisdiction Injunction and Abatement - Plamung to prevent violation from continuing. Judicial enforcement through equitable remedies by a Court of law. The roposed changes in the Regulations revise and strea citedtand carried through the res by p defining in greater detail how violations are to be notice , enforcement process. The civil penalty fine is increased froork Ord o t~ ovoion has alsocbeen amount provided for in the Zoning Ordinance. The Stop V~ p added to the Regulations. TT-..v:.,R A„ FPhrnarV 24, 2003 1) 2) ose and Intent section to address County's desire for voluntary Ordinance Need for Pure compliance over formal enforcement measures. ose and Intent section to a. The proposed Ordinance has been amende not col ecP on of civil penalties. clarify that enforcement is the top priority, Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinance has been amended so that initial contact with offender wil be made in person or by telephone. 3) 4) Concern over posting of notice on property (absentee landowner-tenant removes posted notice-landowner unaware of violation). a. Ordinance allows for various methods of note1cne. t mee ry case,Oto prov de the een amended to require the Zoning Officer to att p , violator with written notice of the violation either in person or by certified mail. et re-occurs within two (2) Years, what would In addressing violations that have ceased., y happen if the property was sold? How would the violation be handled? a. The proposed Ordinance has been amended to state tbeennssued to the sameequired when a notice of violation of the same kind/type has has been sold to an entity violator. Anew notice will be required if the property different from the owner initially notified. 25 5) Concern over allowing Zoning Officer to make demand for civil penalties and in settlement of monetary penalties. No public recourse to approach BOCC to discuss violation. Give BOCC responsibility of allowing for extensions of time limits to correct Zoning Violations. Zoning Officer to provided recommendation to BOCC in such instances. a. The BOCC currently makes demand for civil penalties under the current Zoning Ordinance. The BOCCe chant e allow sfor the Zoning Officer to make demand for Ordinance. The propos g payment and settle monetary penalties. The civil penalty, under the proposed Ordinance, is set by the BOCC. The BOCC suggested allowance of opportunity for public to address them by giving the BOCC responsibility for allowing extensions of time limits to correct zoning violations. b. The proposed Ordinance has been amended to allow the offender to request a time extension through the BOCC. () Question regarding raising the amouOt 500 n each Ordinance100 (Zoning Ordinance) and $50 (Subdivision Regulations) t $ a. The rationale for the increase in the amount of the civil penalty is to provide another tool to use to obtain compliance with the Ordinance/Regulations. b. Staff proposes to leave the civil penalty fine at $100 (Zoning Ordinance} and increase civil penalty from $50 to $100 in the Subdivision Ordinance so that penalties will be consistent in both Ordinances. 7) Concern over Zoning Officer having discretion over settlement of claims regarding civil penalties. a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer will be allowed to determine at what point penalties begin. These are determined during the notification period. Process 1) Public Hearing held on February 24, 2003. 2) Ordinance Review Committee meeting on Apri12, 2003. 3) Planning Board meeting on April 2, 2003. Recommendation to be returned no later than May 20, 2003. 4) BOCC to make final decision. FINANCIAL IMPACT: No public financial impact. RECONIlviEENDATION(S): Planning Staff recommends approval of the proposed Ordinance. King: Presented the handout entitled "Zoning & Subdivision Ordinance Revisions". Triebel: What are the top 3 types of violations? Kraig: junk vehicles, illegal construction without a permit, and illegal types of business. 6 26 Gooding-Ray: There was concern about the ~o about individuals hauling an opportunity to reg. The County Commissioners expressed a concern come before them. Why does the extension of time limit have to be in writing? There are quite a few members in the community that can't write. If you could ask them for the information over the phone I believe that would be better. Davis: I'm not sure that would be the best avenue since the document would be posted several different places. King: We could develop a simple form with the technical information already completed and they could sign it. c. Stream Classification Text Amendments PURPOSE: To snake a recommendation to the Board of County Commissioners regarding the proposed Stream Classification and Buffer Amendments to the Zoning Ordinance. BACKGROUND: The North Carolina Division of Water Quality (DWQ) in the Department of Environment and Natural Resources is the agency responsible for statewide regulatory programs in groundwater and surface water protection. The DWQ mission is to preserve, protect and enhance North Carolina's water and groundwater resources through quality monitoring programs, efficient permitting, responsible management, fairranourcestathoth the stat tared local levels in public service. This charge is carved out through The statewide watershed protection program is an example of state and local government regulatory powers. The County's watershed protection program requires stream buffers be established and enforced along all solid and intermittent blue line streams as identified on the United States Geological Survey (USGS) topographic maps. Presently, stream buffers within Orange County's zoning jurisdiction are only required along streams identi ortant to water quality. The DWQ est mates maps do not protect all water features that are imp that streams represented on USGS topographic maps underestimate the actual presence of streams by approximately 25%. These underrepresented types of streams, which have a high level of impact on water quality, are not protected at all under the County zoning stream buffer regulations. Another major shortcoming of the sole use of USGS maps is that the streams, which are identified on the maps, are based on aerial photography with no fiy d verificatio'~n~This~ladCk g of field verifications by the USGS e relationsoon a lot by lot bas ged b the DWQ, enforcement of the stream buffer r gu Three common problems encountered include, but are not limited to, disputes as to whether a USGS stream actually exists, disputes as to whether the location of said USGS stream is as shown on the map and disputes concerning whether the floodplain is properly mapped based on the inaccurate location of a USGS stream. 7 27 MINUTES APPROVED 411512003 ORANGE COUNTY gOAND OF COMMISSIONER ORANGEP BLIC HEARINGI AGENDAD JOINT February 24, 2003 oun Baard of Commissioners and the Orange County Planning Board met in The Orange C tY on Monday, February 24, 2003 at 7:30 p.m. in the F. Gordon joint session for a public hearing Battle Courtroom in Hillsborough, North Carolina. Jr , Moses Carey, COUNTY COMMISSIONERS PRandEBa ry Jacobsargaret W. Brown, Alice M. Gordon, Stephen H. Halkioti Gledhill and S. Sean Borharnan COUNTY ATTORNEY PRESENT: Geoffrey UNTY STAFF PRESENT: County Manager Joe Bo rd Donna SS Baker (All other staff CO and Clerk to th Managers Rod Visser and Gwen Harvey and members Jay members will be identified appropriately below) PLANNING BOARD MEMBERS P a Triebel, Rachel'P~eston, Howard McAdams, Maria Bryan, Barry Katz, Craufurd Goodwin, Te Tadd, and Renee Price PLANNING BOARD MEMBERS ABSENT: Vice-Chair Hunter Schofiel E; ALL DOCUMENTS REFERRED TO IN TL RK'S OFFICE. ARE IN THE NOT_ PERMANENT AGENDA FILE IN THE A. OPENING REMARKS FROM THE CHAIR osed to be addressed at the meeting last Chair Brown said that some items that were supp the school systems merger will be week (February 17~')would be delayed. Item 9-a regarding til March 5 . Also, items 5-a and 6-a will be addressed March 5~'. The closed delayed un session will also be addressed on March 5 . g, PUBLIC CHARGE- The Chair dispensed with the reading of the public charge. C, PUBLIC HEARING ITEMS Ra chaired these items. Planning Board Chair Nicole Gooding- Y 1.Orange County Zoning Ordinance Text Amendments Minutes from audiotape of the Text Amendment regarding Outdoor Lighting. Verbatim Nicole Gooding-Ray, Chair, Orange County Planning Board: Zoning Ordinance Text Amendment "The first item on the agenda is an Orange C to hear a presentation from staff." regarding Outdoor Lighting and we are going 28 g 9 Attorney Geoff Gledhill said that no County zonin re ulations apply to bona fide County farming operations. Commissioner Halkiotis noted that 17 years aformertax col ectoSwent aftert em ase opportunity to protect Mr. Nichols dairy cows when Act. manufacturing units under the North Carolina Machinery ohn Link said that the staff should respond to Commcts on cit zens.nUnder Section 2, t full J disclosure and that they pursue due diligence about the impa ere it sa s, "The stream buffer shall extend around ~wi hout a bona fide farm that has 10 a es wh Y ponds and lakes.° He said that there may be someone and the want to build a house and this will eliminate the possibility. This could affect small of land Y landowners. A motion was made by Commissioner J and to refeor thedproposed amendment and to receive the Planning Staffs Recommendation fer the roposed amendment to the Planning Board for a recommendation to be returned to re p 20, 2003. the BOCC no later than May VOTE: UNANIMOUS _ c. Amend Article 23 (EnfV plat ans) to establish procedural n procedure for zoning guidelines for violation notAnancrease inlthe chvil penal Ofromr to process civil penalties art of the amendment. $100.00 to $500.00 per violation is also a p, 2. Orange County Subdivision Regulations Text Amendments a. Amend Section VII (Legal o dent Prthe citation p ocedure foE (Penalties for Violation), t fY violations, and establish procedural guidelines for violation notification, to allow the PlanSess he ci it penalty from $50 00 tos for civil penalties, and mcrea $500.00 per violation. Craig Benedict said that within this ordinance is fans to have pe sonal del very withring violations and how to provide notices. The County still p re istered and certified mail. Civil penalties are suggested to increase from $100 to $500 per g day. Presently the demand for payment occuresn roccuhs with the st ff and the courts eThe recommendation is that the demand for paym definition of a violation and a violator has been enhancnd•violations to arfas er conclusion that is closely with the zoning staff to examine the ways to br g fair with full notification and disclosure. He showed a p onin ucompliancet ssues because'they penalties. He said that presently there is a backlog of z g do not proceed past a certain point and there is no expeditious manner to bring them to a conclusion. John Link assured~the Board that before the matters are carried to court that the person involved will know exactly what is involved. iven Commissioner Jacobs made reference I ke to be assured that there is a pe sonatg notice in person or by certified mail. He would documented visit first. He made reference to has beenassued to thelsamevvrolator at the same required where a notice of the same violation 29 ro erty within the previous two years." He asked if someone could have 700 days of $500 a P P day fines accrue and not get another notice. Craig Benedict said that if a violation is resoiveuireddtohhavehthe ~epeat violat onvated within the two year timeframe, then a notice is not req Geoff Gledhill said that the idea is that this isumed the violat on iolation, but the previous one had been stopped and the violator has later res Commissioner Jacobs asked if the appeal wCe(d d t gm nat onhasralwayslbeen totthe Geoff Gledhill said that the appeal of the zoning offs Board of Adjustment. The difference is that the County Commissioners demanded the civil penalties and this would now be at the staff level. erson b Commissioner Gordon said that it might be possible to work in a visit by a p Y giving the person an option. Commissioner Halitosis cautioned the Board that ou in CO ay opP unities fo rappeatl to Board has given up enough in this County. He said g 9 paid staff is setting a dangerous precedent. Commissioner Carey made reference ttlementor mitigation of thepc~ Ilpenaltytm Planning Director to make decisions about se instances where appropriate. He thinks it ~ uld Ipke the language to reflect that the County wants after is compliance and not money. He wo com liance because the objective is not clear. Craig Benedict agreed that this language should P be added. Commissioner Gordon asked about the aid that they have had a d'~cultt me in gett ng forward by the Planning staff. Craig Benedict s compliance on a variety of issues. There h nee's offs el alsolthelped definitions. The amendment is staff generated and the attor y Commissioner Gordon asked if then Benedict said yes and expla n d the p ocessccess the County Commissioners formally. Craig Commissioner Halkiotis said that he haswhat t wilGtake tol st a'ighten his outs He does offender in Efland for years. He does not know not see how this amendment is going to help the County. estin is Commissioner Jacobs made refe~e t a d leave' altwr tten not ce toldocument that the e that someone call first and make an atte p was a visit. He said that he would feel more comfortabaewito~ the owner of the"property oinnt of the notice of violation, correction order, or stop work o ~ Commissioners a written request which the violation occurs may submit to the Board of County for extension of the notice or order, specified to mitnshould be extended The Board of County zoning officer will recommend whether the tim Commissioners will determine whether the violati erson re tuestng theeextensionhe This'w' ould time limits for reasons beyond the control of the p q allow some opportunity for someone to come before the Board for an extension of eme.ln the Chair Brown said that she thinks that th!unk.pShe is in favor) of a good ordina a that County if their neighbors become collectors of ~ does its job. People call her regularly aeounderstands t at the staff sltry ng to wean the Board Commissioner Carey said that h of County Commissioners from getting involved in each case. Crai Renee Price is concerned fro a ue 1to $500tandli does notOhave t$o be thatdhigh. The Benedict said that the fines are allowe p North Carolina General Statutes has allowed increases to provide some "teeth" in the ordinances. 30 said that it does not say "up to" $500 and this should be clarified. Chair Gooding-Ray im ose" was used. He would agree to adding, "may Craig Benedict said that the phrase "may p impose up to $500" to further clarify it. There was no public signed up to speak to this item. Chair Gooding-Ray said that she is concei Vedonb he premises.oTh st'will be discussede multiple owners of a property that do not actually further at the Planning Board meeting. A motion was made by Commissioner Gordon refer to refer bhe proposed amendment to receive the Planning Staff s recommendation and t Commissioners the Planning Board for a recommendati es both sect on d to the Board of County no later than May 20, 2003. This mclud VOTE: UNANIMOUS With no further items to address, the public hearing was adjourned at 9:25 p.m. Margaret Brown, Chair Donna S. Baker Clerk to the Board 31 N b ~ ~ w G 'b o ~. ~ ,~ ~ o p as co ao a a ~ao~ ~ ~ ~. 7y ~ o vo `b~~.x Wn~ o~ °o o p Nw~ p. ro o' o~~ °~c a rn z n~ On Cm, ~3~ m' z' D~~ m, z~~ O on C rn ~ ~ Dz ~~ zo C~ r0 rn3 G~ ~ D r =Dz rn~D pC Z ~ ~D~ -G ~ _ (n ~ ~rn Z 0o O nm3 rn -v 3m~ -~ 2 Orn~ z~(n m C ~ ~ Z '~ ~~ O n3 O~ C z~ ~z Z~ Dn O m~ ~~ --I '-' O Z ~~ rn~ ~ ~ ~~ ~~ 3 Zp m O rn O z O Z Z c rn 3 z C~ 3 D~ z~ O~ z3 D v~ rnrn ~ ~ ~~ O ,~ z= z rn m ~ 00 ~ -n O= 2~ ~ CDO ~~ m ~C ~r O ~~ mrn m OmpD-ID ~ cm1~0 O'~ zm n O~ D~ 3 ~~~ rnr O ~3 z= zDz 3 z~-, -1~ m pOcz/1 ~ ~~ cnz zr- ~ m ~ Nczn oz ~ z3v n0 ~ D ~ ~ m O -I ~ rn -i z ~ rn ~ rn~~~ r m ~ O~ O~ z ~ 3 n n~ p ~ -1 ~n rnv~ ~ y ~ ~~ <p ~ ~ ~ Oy~ ~m ~ O ~ .,.,, cn ~~ D~~~~pp ~~pnnz y3~-zl~mOrn -~O ~rn ~°, -iz ~ ~ z ~ Orn zD ~ n ~ Own nz 3D z n~ z'""' N goy mm ~ ~~ O,_., zo W ~z ~rn X rn~p Op D rnrn rn~ ~p ~ mz m~ r ~WD rn~ ~ O~ m~ ~ Uzi m~ ~~ z O~~ = Qo O ~ = p ~ '~ D O 3m z rn z ~~ rn~~m ~ , (n ono z Crn ~D ~, O ~ z rn~ z T O ~ ~v z ,-,~, z ~m n ~ z ~°~ < ~ C ~ ~ m ~~~ ~ ,-~ rn --~ n z~ z=O D --~ 7v O ~_~ ,~~rn ~~~ O OZ z -n z 30 z cn rn ~ ~O ~ ~ Z ~ z ~ rn~ rn < ~~ o ~ ~o rn~ O ~O Z <_ ~O~ 3~n ~~~ O Dzrn ~D~ rn z z ~O ,o on ccrn ~rn0 cn 2 rn w rn Z • ~~ m 0 Z rn w O 70