Orange County NC Website
21.12.2 Procedure Where Zoning Officer Can Make Determination <br />Where the Zoning Officer determines that there is a violation of performance <br />standards relating to emission of smoke, odor and explosive hazards <br />influence, they shall take or cause to be taken lawful action to cause <br />correction to within the limits set by such performance standards. Failure to <br />obey lawful orders concerning such correction shall be punishable as <br />provided in Article 23. <br />21.12.3 Procedure Where Zoning Officer Cannot Make Final Determination <br />If, in the considered judgment of the Zoning Officer, there is probably a <br />violation of the performance standards as set forth in this ordinance, the <br />following procedures shall be followed: <br />a) The Zoning Officer shall give written notice, by certified mail, to the <br />person or persons responsible for the alleged violation. The notice <br />shall describe the particulars of the alleged violation and the reasons <br />why the Zoning Officer believes there is a violation in fact, and shall <br />require an answer or correction of the alleged violation to the <br />satisfaction of the Zoning Officer within a time limit set by the Zoning <br />Officer. The notice shall state, and it is hereby declared, that failure to <br />reply or to correct the alleged violation to the satisfaction of the Zoning <br />Officer within the time limit set constitutes admission of violation of the <br />terms of this ordinance. <br />The notice shall further state that upon request of those to whom it is <br />directed, technical determinations as described in this ordinance will <br />be made, and that if violations as alleged are found, costs of such <br />determinations shall be charged against those responsible for the <br />violation, in addition to such other penalties as.may be appropriate, but <br />that if it is determined that no violations exists, the cost of the <br />determination will be paid by the County. <br />b) If there is no reply within the time limit set, but the alleged violation is <br />corrected to the satisfaction of the Zoning Officer, it shall be noted, <br />"violation corrected" on the copy of the notice, and shall be retained <br />among their official records, taking such other action as may be <br />warranted. <br />C) If there is no reply within the time limit set (thus establishing admission <br />of violation as provided in (a) and the alleged violation is not corrected <br />to the satisfaction of the Zoning Officer, within the time limit set, action <br />shall be taken as is warranted by continuation of a violation after notice <br />to cease. <br />d) If a reply is received within the time limit set indicating that the alleged <br />violation will be corrected to the satisfaction of the Zoning Officer, but <br />requesting additional time, the Zoning Officer may grant an extension, <br />if it is deemed warranted in the circumstances of the case and if the <br />extension will not, cause imminent peril to life, health or property. <br />14 -A <br />