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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 3, 2003 <br />Action Agenda <br />Item No. <br />SUBJECT: Proposed Zoning Ordinance & Subdivision Regulations Enforcement <br />Procedures Amendments <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No <br />ATTACHMENT(S): <br />Proposed Ordinance (revised) (pg. 5) <br />April 2, 2003 Planning Board Minutes <br />(pg. 19) <br />February 24, 2003 Public Hearing <br />Minutes (pg. 24) <br />INFORMATION CONTACT: <br />Craig N. Benedict, Director, ext. 2592 <br />Tom King, Planner II, ext. 2607 <br />TELEPHONE NUMBERS: <br />Hillsborough <br />732 -8181 <br />Chapel Hill <br />968 -4501 <br />Durham <br />688 -7331 <br />Mebane <br />336- 227 -2031 <br />PURPOSE: To close public hearing and to make decision on adoption of proposed Zoning <br />Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties. <br />BACKGROUND: The emphasis on zoning code enforcement matters in general and these <br />specific amendments is to develop stronger communication and compliance mechanisms to <br />protect the health, safety and welfare of the community. Through this enhanced <br />communication, an understanding between all parties (complainants, possible violators and the <br />County) can be achieved to note the issue, discuss the severity of the problem, and jointly <br />develop options and solutions that are feasible and reasonable for the individuals. Compliance <br />is the goal and not penalization, although an increased fine structure may assist in proactive <br />discouragement of improper activities. The Zoning Ordinance and Subdivision Regulations both <br />contain enforcement provisions, Article 23 and Section VII, respectively. <br />Present Zoning Ordinance procedure mandates that the BOCC, by resolution, make demand for <br />payment of civil penalties after notice of said civil penalties has been communicated to the <br />offending party. The demand must be made before the Zoning Officer or the County Attorney <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 Zoning Ordinance revise and streamline the enforcement <br />procedures by defining in greater detail how violations are to be noticed, cited and carried <br />through the enforcement process. The civil penalty fine is increased from $100 to $500. The <br />