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

Browse Search

ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 7 23.2.3 Final Notice of Violation; Correction Order: The Zoning Officer's final written notice of violation (which may be the initial notice) shall also order correction of the violation, specify a reasonable time period in which the violation must be corrected, state the remedies and penalties authorized in Article 23.3 the Zoning Officer may pursue if the violation is not corrected within the specified time limit, and state that the correction order may be appealed to the Board of Adjustment if the correction order is the initial notice. The final written notice of violation shall be served upon the responsible person(s), either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a final notice of violation is posted in a conspicuous place on the premises affected. A notice of a new violation is not required where a notice of a violation of the same kind the G-Prne violation has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in that Article, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has decided the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of a 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 Zoning- Of#iser a written request for extension of the notice or order's specified time limit for correction of the violation. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is/are unable to provide a written statement. The Zoning Officer will recommend whether the time limit should be extended. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit, for reasons beyond the control of the person requesting the extension, the Board of County Commissioners ZQRiwg- O#fiser may extend the time limit as reasonably necessary to allow timely correction of the violation. GACurrent Planning Div\Tking \Feb 24 PH\Ordinance as Recommended by Planning Board