ORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments

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ORDINANCE AS ADOPTED BY THE BOCC 10 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 same vidiation 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 Article 2.3, 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 made a decision concerning 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 Zoning Officer's 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 an initial notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may, within thirty (30) days of the receipt or posting of the initial notice of violation or correction order, whichever is earlier, submit, to the Board of County Commissioners, Zea+Rg 9#fiser a written request, to be filed with the Zoning Officer, for extension of the specified time limit for correction of the violation. In cases where an appeal of the notice of violation has been properly filed with the Board of Adjustment, the thirty (30) day period shall commence upon receipt of the notice of the Board of Adjustment decision concerning the violation or correction order. The Zoning Officer shall assist individuals in the preparation of said statement in cases where an individual(s) is /are unable to prepare 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 Zaaieg- Officer may extend the time limit as reasonably necessary to allow timely correction of the violation. 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If