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ATTACHMENT-7
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<br /> RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES
<br /> JEFFREY AND SHARON BROOKS 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 /> I
<br /> WHEREAS, Article 23 -- iolations, 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 warri 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. Jeffrey and Sharon Brooks are the owners of the property with a street address of 1207
<br /> Lysander Lane, Mebane, North Carolina 27302 (hereafter the"property").
<br /> 2. The Orange County Planning Department received a complaint on January 2, 2001
<br /> regarding storage of junked or wrecked motor vehicles at a home located at 1207
<br /> Lysander Lane.
<br /> 3. On January 3, 2001, an inspection was made by the Zoning Enforcement Officer. The
<br /> inspection revealed that six (6) junked or wrecked motor vehicles were being stored on
<br /> the site.
<br /> 4. A Notice of Zoning Violation was mailed certified mail, return receipt requested, to the
<br /> property owners on January 4, 2001. Compliance date was set at February 5, 2001.
<br /> The Notice was received on January 8, 2001 by Sharon Brooks.
<br /> 5. A second site inspection was performed on February 28, 2001. No change in the status
<br /> of the violation was observed. A Second Notice of Zoning Violation was sent via
<br /> certified mail, return receipt requested, on March 1, 2001. A copy of the Notice of
<br /> Zoning Violation was attached. Compliance date was set at March 15, 2001. This
<br /> Notice was returned unclaimed, on March 28, 2001.
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