Agenda - 04-01-1996 - IX-C - Laserfiche WebLink

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March 18, 1996 Planning Board Minutes 6 (3) Article 23 Violations,Penalties,&Remedies Presentation by Jim Hinkley. The Orange County Zoning Ordinance provides for action which may be taken by the County to abate zoning violations or non-compliance with zoning requirements. Taking criminal action in the courts is not often used,but when it is,it is important that this remedy be effective. Although not specifically stated in Section 23.2,the maximum fine is fifty dollar($50.00). The maximum$50-fine upon conviction limits the effectiveness of the criminal action remedy. The proposed amendment would enable Orange County to increase the maximum fine to$500.00,as authorized by NC General Statute 14-4. The proposed amendment was presented at public hearing on February 26, 1996. No citizen comments were received.The proposed amendment was referred to the Planning Board for recommendation to be returned to the Board of Commissioners no sooner than April 1, 1996. The Zoning Officer recommends approval of the proposed text amendment to Article 23. Violations,Penalties,and Remedies, Section 23.2 Penalties, a)Criminal Action. In response to a question about an example of a court case, Hinkley referred to a case from January, 1996. The County won the case;however,the fine was$50.00 and the court costs were$62.00. The following month,the citizen was again in violation. Discussion indicated that the fine was so minimal that it apparently did not really concern the violator. Hinkley continued that the Judge had suggested to him that it be recommended to the County Commissioners to raise the penalty to $500.00 as allowed by the General Statutes. Katz asked how often the County has been involved in criminal action such as this. Hinkley responded that there have been three or four criminal cases in the last six years. MOTION: Waddell moved approval as recommended by the Zoning Officer. Seconded by Allison. VOTE: Unanimous. d. Subdivision Regulations Text Amendments (1) Recreation/Dedication Payment-In-Lieu Provisions Presentation by Marvin Collins. (A copy of the agenda abstract information is an attachment to these minutes on pages )