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RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
<br /> BILTMORE HOMES, LLC ZONING VIOLATION CASE
<br /> WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.1 (Violations), states
<br /> that "DMhenever, 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. Biltmore Homes, LLC is the owner of Lot #30, Churton Grove Subdivision, Phase 1;
<br /> (hereafter the."property").
<br /> 2. The Zoning Enforcement Officer made an inspection of the property on July 9, 2001. The
<br /> inspection revealed that an illegal sign was located on Lot #30, Churton Grove
<br /> Subdivision, Phase I. Photographs of violations taken.
<br /> 3. A Notice of Zoning Violation was mailed certified mail, return receipt requested, to the
<br /> property owner (Biltmore Homes, LLC) on July 24, 2001. Sign was to be removed
<br /> immediately. The Notice were received by the property owner on July 26, 2001.
<br /> 4. Pierre Morin of Biltmore Homes, LLC visits office and discusses violation with Zoning
<br /> Enforcement Officer.
<br /> 5. A second site inspection was performed on October 24, 2001. No change in violation
<br /> status.
<br /> 6. Third site inspection performed on October 29, 2001.. Sign on Lot#30 (Biltmore Homes,
<br /> LLC) had been removed.
<br /> 7. Fourth site inspection performed on October 30, 2001. Sign on Lot #30 (Biltmore
<br /> Homes, LLC) not on site.
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