Orange County NC Website
302 <br /> Paul G. Scurlock in the amount of $14, 200. Mr. Scurlock has made r <br /> effort to come into compliance. With regard to Lori B. and Natha,. <br /> McDuffie, substantial progress has been made on cleaning up their <br /> property. He asked that they be given another extension to finish their <br /> cleamp work. Re asked that the demand for civil penalties against <br /> Gayle and Chris McMillan be postponed again because of substantial <br /> progress that has been made on the cleanup. He asked that the civil <br /> penalties against Mr. Ralph Turner be rescinded because they have come <br /> into compliance well before the deadline. <br /> Mrs. McMillan assured the Board that if they grant her an <br /> extension she will have the work completed after the holidays. <br /> Mr. Gamble spoke on behalf of Mr. Scurlock. He stated that <br /> Mr. Scurlock has no funds to clean up his property. He has been <br /> building a house for the past five years. <br /> Commissioner Gordon asked on what basis an extension of time <br /> was granted. Gledhill stated that the imposition of civil penalties is <br /> one of the remedies available to the County as a means to enforce its <br /> Zoning Ordinance. Whether the County pursues it or not is purely <br /> discretionary. The enforcement of the Ordinance is not considered to <br /> be discriminatory. Whats at issue is how much time to give people <br /> before deciding to make a demand for civil penalties or pursue civil <br /> penalties in court. In his opinion, substantial progress toward getting <br /> the property in compliance is a valid basis for doing so. A decision <br /> based solely on economics would be a problem. Economics may be a basis <br /> for giving somebody more time but whether to enforce the Ordinanc- <br /> through the use of civil penalties based purely on the ability of tt <br /> person to pay the civil penalty may be a problem. <br /> Mr. Scurlock stated that he would probably finish his house <br /> by the end of the summer. He is trying to get a loan at this time. The <br /> car has been in the streambed for thirty years. He indicated he would <br /> not be able to move the car until he puts in a road and has the finances <br /> to hire a tow truck. <br /> Commissioner Halkiotis expressed his disappointment that Mr. <br /> Scurlock has not made an effort to clean up his property. He suggested <br /> that he be given an extension of thirty days and if no substantial <br /> effort is made to clean up his property that the County make written <br /> demand for the full amount of money due. <br /> Motion was made by Commissioner Halkiotis, seconded by <br /> Chairman Carey to give an extension of time to January 17, 1991 to Lori <br /> B. and Nathan McDuffie and Gayle and Chris McMillan and to rescind <br /> making demand for civil penalties against Ralph Turner. <br /> VOTE: UNANIMOUS <br /> Motion was made by Commissioner Willhoit, seconded by <br /> Commissioner Halkiotis to delay action on the demand for civil penalties <br /> against Paul G. Scurlock and to evaluate the situation on January 7, <br /> 1991 to determine if an effort has been made by Mr. Scurlock to come <br /> into compliance. <br /> VOTE: UNANIMOUS <br /> For Mr. Scurlock to come into compliance, he will need to <br /> remove everything from the streambed and on the floodplain. <br /> C. CLASSIFICATION STUDY <br />