Agenda - 06-03-2003 - 8l - Laserfiche WebLink

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2 amendments also authorize the Zoning Officer to pursue the collection of unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC oversight through the County Manager's Office. The proposed changes in the Subdivision Regulations revise and streamline the enforcement procedures by defining in greater detail how violations are to be noticed, cited and carried through the enforcement process. The civil penalty fine is increased from $50 to $500 to match the amount provided for in the Zoning Ordinance. The Stop Work Order provision has also been added to the Regulations with appeal being to BOCC. Zoninq Ordinance Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) available for enforcement of the Ordinance. These methods may be used individually or in concert. The current Ordinance does not provide detailed procedures with regard to general violation notification process. • Criminal Action — Offender guilty of Class 3 misdemeanor punishable by fine of no more than $500.00. • Civil Penalties — Offender subject to penalty of $100 after notice sent to offender and demand for civil penalty payment made by BOCC. Penalties accrue daily. • Injunction and Abatement — Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing. • Stop Work Order — Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. Subdivision Regulations The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). Again, as in the Zoning Ordinance, there is very little guidance on notification of violations and the citation procedure. • Criminal Action — Offender guilty of a misdemeanor punishable by fine of no more than $50 or thirty (30) days in jail. • Civil Penalties — Offender subject to fee of $50. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement — Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. • Judicial enforcement through equitable remedies by a Court of law. A. Information /Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address the County's objective for voluntary Ordinance compliance over formal enforcement measures. a. The proposed Ordinance has been amended to add a Purpose and Intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinance has been amended so that initial contact with offender will be made in person or by telephone.