Orange County NC Website
22 <br />5) Concern over allowing Zoning Officer to make demand for civil penalties and in <br />settlement of monetary penalties. No public recourse to approach BOCC to discuss <br />violation. Give BOCC responsibility of allowing for extensions of time limits to correct <br />Zoning Violations. Zoning Officer to provided recommendation to BOCC in such <br />instances. <br />a. The BOCC currently makes demand for civil penalties under the current Zoning <br />Ordinance. The BOCC has set the civil penalty under the current Zoning <br />Ordinance. The proposed change allows for the Zoning Officer to make demand for <br />payment and settle monetary penalties. The civil penalty, under the proposed <br />Ordinance, is set by the BOCC. The BOCC suggested allowance of opportunity for <br />public to address them by giving the BOCC responsibility for allowing extensions <br />of time limits to correct zoning violations. <br />b. The proposed Ordinance has been amended to allow the offender to request a time <br />extension through the BOCC. <br />6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) <br />and $50 (Subdivision Regulations) to $500 in each Ordinance. <br />a. The rationale for the increase in the amount of the civil penalty is to provide <br />another tool to use to obtain compliance with the Ordinance/Regulations. <br />b. Staff proposes to leave the civil penalty fine at $100 (Zoning Ordinance) and <br />increase civil penalty from $50 to $100 in the Subdivision Ordinance so that <br />penalties will be consistent in both Ordinances. <br />7) Concern over Zoning Officer having discretion over settlement of claims regarding civil <br />penalties. <br />a. The civil penalty amount is set under the terms of the Ordinance. The Zoning <br />Officer will be allowed to determine at what point penalties begin. These are <br />determined during the notification period. <br />Process <br />1) Public Hearing held on February 24, 2003. <br />2) Ordinance Review Committee meeting on April 2, 2003. <br />3) Planning Board meeting on April 2, 2003. Recommendation to be returned no later than <br />May 20, 2003. <br />4) BOCC to make final decision. <br />FINANCIAL IMPACT: No public financial impact. <br />RECOMMENDATION(S): <br />Planning Staff recommends approval of the proposed Ordinance. <br />King: Presented the handout entitled "Zoning & Subdivision Ordinance Revisions ". <br />Triebel: What are the top 3 types of violations? <br />King: Junk vehicles, illegal construction without a permit, and illegal types of business. <br />T <br />