Agenda - 11-17-1998 - 8g - Laserfiche WebLink

Browse Search

show that the materials were deposited in a legitimate facility. And he was directed not to bury or plow under the waste materials. A warning was given that the Board of County Commissioners would be requested to assess civil penalties of $100 per day beginning on Tuesday, May 19, 1998, if the violation was not corrected on or before May 18. He was told that each day's continuing violation is a separate and distinct offense. And he was warned also that any appropriate action or proceedings to prevent unlawful use; to restrain, correct or abate the violation; or to prevent any illegal use in or about the premises may be instituted against him. The directives were not followed. More complaints were received, continuing throughout the summer and fall of 1998. Several telephone calls were made to Mr. Stepheno's office, and at his request two site visits were made with him to explain how the property should be brought into compliance. One site visit was on June 29. At that time Mr. Stephens said that he would clean-up the site and smooth-over the dirt. On August 11, 1998, a Stop Work Order was again posted because further unauthorized landfilling was occurring on the premises and on the abutting occupied residential property to the north (Roger N. and Barbara Stephenson, 2312 Blair Drive, Tax Map No. 4.43.B.25). Truck loads of dirt were being brought onto the site from a construction site elsewhere. A bulldozer was pushing newly dumped dirt into the stream valley below on the back sides of the properties. On the same day another site visit was conducted with Mr. Stephens. He said that he would stop dumping and filling on the premises and in the stream valley. He did request that he could temporarily store dirt on his property "...for only a few weeks," so that it could be used at a later date on other construction projects. He was allowed to do so. As of this date, however, the temporary piles remain in addition to the illegal dumping. The property is zoned R-1 Rural Residential. Landfilling is not permitted by right in the R-1 zoning district. A Class B Special Use Permit must be approved by the Board of Adjustment prior to using property in this manner. If civil penalties were assessed at $100 per day from May 19 through November 17, 1998, the accrued amount would be over $18,000.