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21 <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 <br />a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue <br />daily. <br />• Injunction and Abatement — Planning Director may ask Court of competent jurisdiction <br />to 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 $100.00 to match the <br />amount provided for in the Zoning Ordinance. The Stop Work Order provision has also been <br />added to the Regulations. <br />Information/Issues at Public Hearing on February 24, 2003 <br />1) Need for Purpose and Intent section to address County's desire for voluntary Ordinance <br />compliance over formal enforcement measures. <br />a. The proposed Ordinance has been amended to add a Purpose and Intent section to <br />clarify that enforcement is the top priority, not collection of civil penalties. <br />2) Need for initial contact with offender to be of a personal nature (in person or telephone <br />call). <br />a. The proposed Ordinance has been amended so that initial contact with offender will <br />be made in person or by telephone. <br />3) Concern over posting of notice on property (absentee landowner -tenant removes posted <br />notice - landowner unaware of violation). <br />a. Ordinance allows for various methods of notice. The proposed Ordinance has been <br />amended to require the Zoning Officer to attempt, in every case, to provide the <br />violator with written notice of the violation either in person or by certified mail. <br />4) In addressing violations that have ceased, yet re- occurs within two (2) years, what would <br />happen if the property was sold? How would the violation be handled? <br />a. The proposed Ordinance has been amended to state that a new notice is not required <br />when a notice of violation of the same kind/type has been issued to the same <br />violator. A new notice will be required if the property has been sold to an entity <br />different from the owner initially notified. <br />5 <br />