Agenda - 09-09-2013 - C3 - Laserfiche WebLink

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Article 9: Enforcement 20 Section 9.5: Enforcement Procedure (b) State the actions necessary to correct the violation, (c) Specify a reasonable time period in which the violati ust be corrected, (d) e the remedies and penalties au ized herein that the Planning Direct ay pursue if the viol n is not corrected within the specified time limit, (e) Invite the allewd-'qioFatQQo meet with the Planning Director to discuss the viol and how it ma corrected, and (f) ntain a statement indicating that N<ecision referenced within the notice can be appealed to the Orange Co Board of Adjustment as detailed within this Ordinance. This statement ghslQinclude language indicating that the appeal must be filled within 30 days the date of the initial notice and shall provide the deadline for the submi of the appeal application. 9.5.4 Appeals (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 2.25 2.27 of this Ordinance, including payment of the appropriate fee. (B) Except as provided in Section 22.27, 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 252.27, the Board of Adjustment shall hear the appeal and may affirm, modify, or revoke the Planning Director's determination of a violation. (E) If there is no appeal, the Planning Director's determination of the nature and degree of the violation are final. 5 Timeline for Abatement he time allotted to abate an identified violation shall be at the sole discretion of the Planni DireQ.Or and shall be based upon what is deemed a reasonable amount of time to aba identifie iolation. The following standards shall apply" (A) Within days of receipt of an initial notice of violation, correction er, or Stop Work Order, the ner of the property on which the violation occur ay submit to the Planning Direc written request for extension of the s cified time limit for correction of the violation. (B) The Planning Director sha sist individual i the preparation of the written request for extension in cases where an in ' 'dual is /are unable to prepare a written request. (C) The Planning Director shall det ine ether the time limit should be extended based on the information contain n the written Mquest for extension. The Planning Director may extend the time li as reasonably necess to allow timely correction of the violation. (D) In cases re an appeal of the notice of violation has bee roperly filed with the Board of A ment, as provided in Section 9.5.4, the 30 day periods I commence upon eipt of the notice of the Board of Adjustment decision concerning violation or correction order. (E) Following the time limit for correction of the violation, including any stay or exte thereof, the Planning Director shall determine whether the violation has been c, Orange County, North Carolina — Unified Development Ordinance Page 9 -3