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RES-2000-090 Resolution for Assessment of Civil Penalties - Bobby F. Patillo Zoning Violation
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RES-2000-090 Resolution for Assessment of Civil Penalties - Bobby F. Patillo Zoning Violation
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Last modified
4/10/2013 12:35:06 PM
Creation date
4/4/2013 4:11:43 PM
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BOCC
Date
10/3/2000
Meeting Type
Regular Meeting
Document Type
Resolution
Agenda Item
5e
Document Relationships
Agenda - 10-03-2000-5e
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 10-03-2000
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t <br /> !R t-.J 10 ° <br /> ORANGE COUNTY BOARD OF COMMISSIONERS <br /> RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES <br /> BOBBY F. PATiLLO ZONING VIOLATION CASE <br /> WHEREAS, Article 23 (Violations. Penalties and Remedies), Section 23.1 (Violations) <br /> of the Orange County, NC Zoning Ordinance states that "[W]henever, by the provisions <br /> of this Ordinance, the performance of any act is prohibited, or whenever any regulation, <br /> dimension or limitation is imposed on the use of any land, or on the erection or <br /> alterations or the use or change of use of a structure, or the uses within such structure, <br /> 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 <br /> Penalty) of the Orange County, NC Zoning Ordinance allows for the assessment of civil <br /> penalties in the amount of $100.00 in securing the abatement of violations of the <br /> Ordinance, and <br /> WHEREAS, Article 23 (Violations, Penalties, and Remedies), Section 23.2(b) (Civil <br /> Penal!y) of the Orange County, NC Zoning Ordinance states that "[N]o penalty shall be <br /> assesses until the person alleged to be in violation has been notified of the violation by <br /> registered or certified mail, delivery restricted to addresses only, return receipt <br /> requested, or other means reasonably calculated to provide actual notice to the <br /> offender. The notice shall describe the violation with reasonable particularity, specify a <br /> reasonable time period within which the violation must be corrected and wam that <br /> failure to correct the violation within the time period will result in the assessment of a <br /> civil penalty.", and <br /> WHEREAS, Article'23 (Violations. Penalties„ and Remedies), Section 23.2(b) (Civil <br /> Penal) of the Orange County, NC Zoning Ordinance states that "[I]n the event the <br /> violation is not corrected within the time period provided in the notice, the Orange <br /> County Board of Commissioners shall make written demand for payment upon the <br /> person responsible for the violation, and shall set forth in detail a description of the <br /> violation for which-the penalty has been invoked.", <br /> AND WHEREAS, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY MAKE <br /> THE FOLLOWING FINDINGS OF FACT: <br /> 1. Bobby F. Patillo is the owner of the property with a street address of 2106 Jo <br /> Mac Road, Chapel Hill, North Carolina 27516 (hereafter the "property"). <br /> 2. The Orange County Planning Department received a complaint on June 29, 2000 <br /> regarding a singlewide manufactured home located at 2106 Jo Mac Road. <br /> 3. On June 30, 2000, an inspection was made by an Orange County building <br /> inspector, and this inspection revealed that a manufactured home was being <br /> replaced without a Building Permit. The building inspector posted a Stop Work <br />
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