Agenda - 11-19-2012 - C3 - Laserfiche WebLink

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Article 9: Enforcement Section 9.5:Enforcement Procedure (b)State the actions necessary to correct the violation, (c)Specify a reasonable time period in which the violation must be corrected, (d)State the remedies and penalties authorized herein that the Planning Directormay pursue if the violation is not corrected within the specified time limit, (e)Invite the alleged violator to meet with the Planning Directorto discuss the violation and how it may be corrected, and (f)Contain a statement indicating that the decision referenced within the notice can be appealed to the Orange County Board of Adjustment as detailed within this Ordinance. This statement shall include language indicating that the appeal must be filled within 30 days from the date of the initial notice and shall provide the deadline for the submittal of the appeal application. 9.5.4Appeals (A)Any person aggrieved by the Planning Director’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 Section 2.242.25 of this Ordinance, including payment of the appropriate fee. (B)Except as provided in Section 2.242.25, 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. (C)Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to the Board of Adjustment. (D)As detailed within Sections 2.12 and 2.242.25, the Board of Adjustment shall hear the appeal and may affirm, modify, or revoke the Planning Director’s determinationof a violation. (E)If there is no appeal, the Planning Director’s determination of the nature and degree of the violation are final. 9.5.5Timeline for Abatement The time allotted to abate an identified violation shall be at the sole discretion of the Planning Directorand shall be based upon what is deemed a reasonable amount of time to abate the identified violation. The following standards shall apply” (A)Within 30 days of receipt of an initial notice of violation, correction order, or Stop Work Order, the owner of the property on which the violation occurs may submit to the Planning Directora written request for extension of the specified time limit for correction of the violation. (B)The Planning Directorshall assist individuals in the preparation of the written request for extension in cases where an individual(s) is/are unable to prepare a written request. (C)The Planning Directorshall determine whether the time limit should be extended based on the information contained in the written request for extension. The Planning Director may extend the time limit as reasonably necessary to allow timely correction of the violation. (D)In cases where an appeal of the notice of violation has been properly filed with the Board of Adjustment, as provided in Section 9.5.4, the 30 day period shall commence upon receipt of the notice of the Board of Adjustment decision concerning the violation or correction order. (E)Following the time limit for correction of the violation, including any stay or extension thereof, the Planning Directorshall determine whether the violation has been corrected. Orange County, North Carolina –Unified Development Ordinance Page 9-3