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S - Planning - Demand for Payment of Civil Penalties - IX-E
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S - Planning - Demand for Payment of Civil Penalties - IX-E
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BOCC
Date
1/17/1995
Meeting Type
Regular Meeting
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Others
Agenda Item
IX-E
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Agenda - 01-17-1995 - IX-E
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\Board of County Commissioners\BOCC Agendas\1990's\1995\Agenda - 01-17-95
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1. Cease and desist all dumping immediately. <br /> 2 . Post "No Trespassing" and "No Dumping" signs on the <br /> property. <br /> 3. Construct some form of locked gate to prevent <br /> entrance into the area were the dump is operated. <br /> 4. Leave any materials previously dumped there as is <br /> and not burn or bury them. <br /> Records indicate you did post "No Dumping" signs but quickly <br /> removed them. <br /> By certified letter from the Orange County Planing Department <br /> dated October 27, 1992, you were again warned that your property <br /> continues to be in violation of the Orange County Zoning Ordinance. <br /> You were ordered to take the same steps mentioned above. This <br /> certified letter was refused by you and was subsequently sent <br /> regular mail and was not returned. <br /> Again by certified letter from the Orange County Planning <br /> Department dated March 2, 1994, you were informed that your <br /> property was in violation of the Orange County Zoning Ordinance. <br /> You were again ordered to take the same steps outlined above. <br /> Inspections conducted since that date reveal that you have taken no <br /> action to discontinue the use of your land as a landfill. You were <br /> informed in that letter and in previous letters that civil and/or <br /> criminal action may be taken against you, including the assessment <br /> of a $100.00 a day civil penalty for each days violation, if you <br /> did not remedy this situation. <br /> On Tuesday, January 17, 1995, the Board of County <br /> Commissioners discussed this zoning compliance matter at its <br /> regularly scheduled meeting. You were informed of this by letter <br /> from the Orange County Planning Department dated January 12, 1995. <br /> You did not appear at that meeting. At that meeting the Board <br /> voted unanimously to make demand for payment of civil penalties <br /> accrued since March 2, 1994 . <br /> Pursuant to Article 23 .2 (d) of the Orange County Zoning <br /> Ordinance you were to stop the operation of the illegal landfill <br /> upon, receipt of the March 2, 1994, letter. Weekly inspections <br /> subsequent to the March 2, 1994 letter have revealed that new <br /> materials have been dumped each week, proving weekly, if not daily, <br /> use of the land as a landfill. As a result of this use of the <br /> property as a landfill, civil penalties in the amount of $100.00 a <br /> week have been accruing since March 2, 1994 . <br /> On behalf of the Orange County Board of Commissioners, I <br /> hereby make demand upon you for payment of the accrued civil <br /> penalties in the amount of $4, 500. 00 or $100. 00 for each week from <br /> March 2, 1994 to January 17, 1995. If the $4,500.00 civil penalty <br /> is not paid within 30 days from the date of this letter, this <br />
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