Orange County NC Website
27 <br /> (a) that the building or property is in violation of the Flood Damage Prevention Ordinance; <br /> (b) that a hearing will be held before the local administrator at a designated place and time, not <br /> later than 10 days after the date of the notice, at which time the owner shall be entitled to <br /> be heard in person or by counsel and to present arguments and evidence pertaining to the <br /> matter; and, <br /> (c) that following the hearing, the local administrator may issue such order to alter, vacate, or <br /> demolish the building, or to remove fill as appears appropriate. <br /> (7) Order to Take Corrective Action If,upon a hearing held pursuant to the notice prescribed above, <br /> the administrator shall find that the building or development is in violation of the Flood Damage <br /> Prevention Ordinance, he shall make an order in writing to the owner, requiring the owner to <br /> remedy the violation within such period, not less than 60 days, the administrator may prescribe; <br /> provided that where the administrator finds that there is imminent danger to life or other property, <br /> he may order that corrective action be taken in such lesser period as may be feasible. <br /> (8) A=eal: Any owner who has received an order to take corrective action may appeal from the order <br /> to the local elected governing body by giving notice of appeal in writing to the administrator and the <br /> clerk within 10 days following issuance of the final order. In the absence of an appeal, the order <br /> of the administrator shall be final. The local governing body shall hear an appeal within a <br /> reasonable time and may affirm, modify and affirm, or revoke the order. <br /> (9) Failure to Comply with Order: If the owner of a building or property fails to comply with an order <br /> to take corrective action from which no appeal has been taken, or fails to comply with an order of <br /> the governing body following an appeal, he shall be guilty of a misdemeanor and shall be punished <br /> in the discretion of the court. <br /> SECTION E. VARIANCE PROCEDURES. <br /> (1) The Board of Adjustment as established by Orange County shall hear and decide requests for <br /> variances from the requirements of this ordinance. <br /> (2) Any person aggrieved by the decision of the appeal board or any taxpayer may appeal such decision <br /> to the Court, as provided in Chapter 7A of the North Carolina General Statutes. <br /> (3) Variances may be issued for the repair of rehabilitation of historic structures upon the <br /> determination that the proposed repair or rehabilitation will not preclude the structure's continued <br /> designation as a historic structure and the variance is the minimum necessary to preserve the <br /> historic character and design of the structure. <br /> (4) In passing upon such applications, the appeal board shall consider all technical evaluations, all <br /> relevant factors, all standards specified in other sections of this ordinance, and: <br /> (a) the danger that materials may be swept onto other lands to the hVury of others; <br /> (b) the danger to life and property due to flooding or erosion damage; <br /> (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of <br /> such damage on the individual owner; <br /> (d) the importance of the services provided by the proposed facility to the community; <br /> (e) the necessity to the facility of a waterfront location, where applicable; <br /> 10 <br />