ORD-2003-005 Amend Article 6.23.7 Stream Buffers and Article 22 Definitions

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Commissioner Halkiotis noted that 17 years ago he and Commissioner Carey had the opportunity to protect Mr. Nichols' dairy cows when a former tax collector went after them as manufacturing units under the North Carolina Machinery Act. John Link said that the staff should respond to Commissioner Cordon's comment about full disclosure and that they pursue due diligence about the impacts on citizens. Under Section 2, where it says, "The stream buffer shall extend around the perimeter of all water bodies including ponds and lakes." He said that there may be someone without a bona fide farm that has 10 acres of land and they want to build a house and this will eliminate the possibility. This could affect small landowners. A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to receive the Planning Staff's Recommendation and to refer the proposed amendment and to refer the proposed amendment to the Planning Board for a recommendation to be returned to the BOCC no later than May 20, 2003. VOTE: UNANIMOUS c. Amend Article 23 (Enforcement) to streamline the citation procedure for zoning violations, to establish procedural guidelines for violation notifications, to allow the Zoning Officer to process civil penalties. An increase in the civil penalty from $100.00 to $500.00 per violation is also a part of the amendment. 2. Orange County Subdivision Regulations Text Amendments a. Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation), to identify the citation procedure for violations, and establish procedural guidelines for violation notification, to allow the Planning Director to make assessments for civil penalties, and increases the civil penalty from $50.00 to $500.00 per violation. Craig Benedict said that within this ordinance is how the County identifies with recurring violations and how to provide notices. The County still plans to have personal delivery with registered and certified mail. Civil penalties are suggested to increase from $100 to $500 per day. Presently the demand for payment occurs from the County Commissioners. The recommendation is that the demand for payment occurs with the staff and the courts. The definition of a violation and a violator has been enhanced. The attorney's office has worked closely with the zoning staff to examine the ways to bring violations to a faster conclusion that is fair with full notification and disclosure. He showed a procedural chart of the process of civil penalties. He said that presently there is a backlog of zoning compliance issues because they 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. Commissioner Jacobs made reference to 23.2.2 and said that the person can be given notice in person or by certified mail. He would like to be assured that there is a personal documented visit first. He made reference to 23.2.3 and read, "a notice of violation is not required where a notice of the same violation has been issued to the same violator at the same property within the previous two years." He asked if someone could have 700 days of $500 a day fines accrue and not get another notice. Craig Benedict said that if a violation is resolved and then the violation is reactivated within the two year timeframe, then a notice is not required to have the repeat violation. Geoff Gledhill said. that the idea is that this is not a continuing violation, but the previous one had been stopped and the violator has later resumed the violation.