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

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26 property within the previous two years." He asked if someone could have 700 days of $500 a day fines accrue and not get another notice. Craig Benedict said that if a violation is resolved and then the violation is reactivated within the two year timeframe, then a notice is not required to have the repeat violation. Geoff Gledhill said that the idea is that this is not a continuing violation, but the previous one had been stopped and the violator has later resumed the violation. Commissioner Jacobs asked if the appeal would now go to the Board of Adjustment. Geoff Gledhill said that the appeal of the zoning officer's determination has always been to the Board of Adjustment. The difference is that the County Commissioners demanded the civil penalties and this would now be at the staff level. Commissioner Gordon said that it might be possible to work in a visit by a person by giving the person an option. Commissioner Halitosis cautioned the Board of County Commissioners. He said that the Board has given up enough in this County. He said that giving away opportunities for appeal to paid staff is setting a dangerous precedent. Commissioner Carey made reference to 23.4.4 and said that this provides for the Planning Director to make decisions about settlement or mitigation of the civil penalty in instances where appropriate. He thinks it is important that we reflect in here that what we are after is compliance and not money. He would like the language to reflect that the County wants compliance because the objective is not clear. Craig Benedict agreed that this language should be added. Commissioner Gordon asked about the impetus for this amendment and if it was brought forward by the Planning staff. Craig Benedict said that they have had a difficult time in getting compliance on a variety of issues. There have been difficulties with definitions. The amendment is staff generated and the attorney's office also helped. Commissioner Gordon asked if there was a way in this process for someone to access the County Commissioners formally. Craig Benedict said yes and explained the process. Commissioner Halkiotis said that he has watched Geoff Gledhill go after the biggest offender in Efland for years. He does not know what it will take to straighten this out. He does not see how this amendment is going to help the County. Commissioner Jacobs made reference to the visit and said that all he was suggesting is that someone call first and make an attempt and leave a written notice to document that there was a visit. He said that he would feel more comfortable with 23.2.6 if it read, "The recipient of the notice of violation, correction order, or stop work order, or the owner of the property on which the violation occurs may submit to the Board of County Commissioners a written request for extension of the notice or order, specified time limit for correction of the violation. The zoning officer will recommend whether the time limit should be extended. The Board of County Commissioners will determine whether the violation cannot be corrected within the specified time limits for reasons beyond the control of the person requesting the extension." This would allow some opportunity for someone to come before the Board for an extension of time. Chair Brown said that she thinks that this is protecting people who buy property in the County if their neighbors become collectors of junk. She is in favor of a good ordinance that does its job. People call her regularly about horrible things in their neighborhood. Commissioner Carey said that he understands that the staff is trying to wean the Board of County Commissioners from getting involved in each case. Renee Price is concerned from the jump in the fine from $100 to $500 per day. Craig Benedict said that the fines are allowed up to $500 and it does not have to be that high. The North Carolina General Statutes has allowed increases to provide some "teeth" in the ordinances.