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RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
<br /> HULAN BRADSHAW & DOLLEY B. TORAIN ZONING VIOLATION CASE
<br /> WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.1 (Violations), states
<br /> that "[W]henever, by the provisions of this Ordinance, the performance of any act is prohibited,
<br /> or whenever any regulation, dimension or limitation is imposed on the use of any land, or on the
<br /> erection or alterations or the use or change of use of a structure, or the uses within such
<br /> structure, a failure to comply with such provisions of this Ordinance shall constitute a separate
<br /> violation and a separate offense.", and
<br /> WHEREAS, Article 23 (Violations, Penalties and Remedies), Section 23.2(b) (Civil Penalty) of
<br /> the Orange County, NC Zoning Ordinance allows for the assessment of civil penalties in the
<br /> amount of$100.00 in securing the abatement of violations of the Ordinance, and
<br /> WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.2(b) (Civil Penalty) of
<br /> the Orange County, N.C. Zoning Ordinance states that"[N]o penalty shall be assesses until the
<br /> person alleged.to be in violation has been notified of the violation by registered or certified mail,
<br /> delivery restricted to addresses only, return receipt requested, or other means reasonably
<br /> calculated to provide actual notice to the offender. The notice shall describe the violation with
<br /> reasonable particularity, specify a reasonable time .period within which the violation must be
<br /> corrected and warn that failure to correct the violation within the time period will result in the
<br /> assessment of a civil penalty.", and
<br /> WHEREAS, Article 23 (Violations. Penalties, and Remedies), Section 23.2(b) (Civil Penalty) of
<br /> the Orange County, N.C. Zoning Ordinance states that "[I]n the event the violation is not
<br /> corrected within the time period provided in the notice, the Orange County Board of
<br /> Commissioners shall make written demand for payment upon the person responsible for the
<br /> violation, and shall set forth in detail a description of the violation for which the penalty has been
<br /> invoked.",
<br /> AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE MAKE
<br /> THE FOLLOWING FINDINGS OF FACT:
<br /> 1. Hulan Bradshaw & Dolley B. Torain are the owners of the property with a street address
<br /> of 3714 Mill Creek Road, Efland, North Carolina 27243 (hereafter the "property").
<br /> 2. The Orange County Planning Department received a complaint on February 21, 2001
<br /> regarding storage of an unanchored, unsecured singlewide manufactured home at a
<br /> home located at 3714 Mill Creek Road.
<br /> 3. On February 21, 2001, an inspection was made by the Zoning Enforcement Officer. The
<br /> inspection revealed that an unanchored, unsecured singlewide manufactured home was
<br /> being stored on the site. Photograph of violation taken.
<br /> 4. A Notice of Zoning Violation was mailed certified mail, return receipt requested, to the
<br /> property owners on March 1, 2001. Compliance date was set at March 15, 2001. The
<br /> Notice was received on March 2, 2001 by Hulan Bradshaw.
<br /> 5. Mr. Bradshaw visits Planning & Inspections Office to discuss the situation with the
<br /> Zoning Enforcement Officer. Home is being remodeled for a relative.
<br /> 6. A second site inspection was performed on April 9, 2001. No change in situation.
<br /> 7. Mr. Bradshaw visits Planning & Inspections Office and discusses possibility of
<br /> subdividing some adjacent property on which to place the manufactured home. Carla
<br /> Bateman, Planner I, discusses process with Mr. Bradshaw.
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