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ORD-2003-006 Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation)
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ORD-2003-006 Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation)
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Last modified
4/29/2013 1:01:15 PM
Creation date
6/29/2011 3:10:04 PM
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BOCC
Date
1/24/2003
Meeting Type
Public Hearing
Document Type
Ordinance
Agenda Item
C1c
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Agenda - 02-24-2003-c1c
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 02-24-2003
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©2© <br />2' <br />may take any collection action. Staff has pursued civil penalties prior to instituting any of the <br />other remedies listed above, with the exception of Stop Work Orders. This procedure is time <br />consuming and, given the high number of violations that Staff receives through outside <br />complaints, requires significantly more time being spent on paperwork than on actual field <br />investigations and enforcement. <br />The proposed changes in the Ordinance revise and streamline the enforcement procedures by <br />defining, in greater detail how violations are to be noticed, cited and carried through the <br />enforcement process. The civil penalty fine is increased from $100.00 to $500.00. <br />The amendments also authorize the Planning Director /Zoning Officer to pursue the collection of <br />unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC <br />oversight through the County Manager's Office. <br />Subdivision Regulations <br />The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed <br />below). Again, as in the Zoning Ordinance, there is very little guidance on notification of <br />violations and the citation procedure. <br />• Criminal Action — Offender guilty of a misdemeanor punishable by fine of no more than <br />$50.00 or thirty- (30) days in jail. <br />• Civil Penalties — Offender subject to fee of $50.00. County may collect in the nature of a <br />debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. <br />• Injunction and Abatement — Planning Director may ask Court of competent jurisdiction to <br />prevent violation from continuing. <br />• Judicial enforcement through equitable remedies by a Court of law. <br />The proposed changes in the Regulations revise and streamline the enforcement procedures by <br />defining in greater detail how violations are to be noticed, cited and carried through the <br />enforcement process. The civil penalty fine is increased from $50.00 to $500.00. <br />FINANCIAL IMPACT: No financial impact is anticipated with this action. <br />RECOMMENDATION(S): <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the proposed Ordinance. <br />Administration Recommendation <br />The Administration recommends that the proposed Ordinance be referred to the Planning <br />Board for a recommendation to be returned to the BOCC no sooner than May 20, 2003. <br />GACun-ent Planning Div\ Tking \Abstracts\ZOEnforcement.PH <br />
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