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063 <br /> COLEMAN, BERNHOLZ, DICKERSON, <br /> BERNHOLZ, GLEDHILL & HARGRAVE <br /> ATTORNEYS AT LAW <br /> uo CHURTON STREET <br /> H ILLSBOROUGH,N.C.27278 <br /> 919-732-2196 <br /> 919-942-8000 <br /> CHAPEL HILL OFFICE- <br /> SUITE 20,FRANKLIN BUILDING <br /> 137 E.FRANELIN STREET <br /> CHAPEL HILL,N.C.27314 August 15, 1985 <br /> 919-929-7151 <br /> ALONZO B.COLEMAN/JR. <br /> STEVEN A.BERNHOLZ <br /> DONALD R.DICE EFISON <br /> ROGER B.BERNHOLZ <br /> GEOFFREY E.GLEDHILL <br /> DOUGLAS HARGRAVE <br /> MARTIN J.BERNHOLZ <br /> RICHARD J.SNIDER,JR. Don Willhoit, Chair <br /> JANE G.de LISSOVOY Moses Carey <br /> G.NICHOLAS HERMAN <br /> LYNN A.ANDREWS Ben Lloyd <br /> Shirl Marshall <br /> BONNER D.SAWYER Norman Walker <br /> (1902-1972) <br /> Orange County Board of Commissioners <br /> 106 E. Margaret Lane <br /> Hillsborough, North Carolina 27278 <br /> Re: Zoning Ordinance Violation Policy <br /> Dear Board Members: <br /> Two zoning ordinance violation enforcement matters <br /> are on the August 20, 1985 agenda for Board action. It <br /> is the view of the Planning staff, and I concur in that <br /> view, that criminal action is not warranted in these <br /> two cases. Rather, what is needed is corrective <br /> action. That is, action which brings the use of the <br /> property into compliance with the County's zoning <br /> ordinance. <br /> To my knowledge the Board of Commissioners has not <br /> been previously asked for authority to file a civil <br /> action to enforce the County's zoning ordinance. <br /> Enforcement has been accomplished in the past either <br /> voluntarily or by resort to the criminal courts. In <br /> the later regard, as you know, a violation of the <br /> County's zoning ordinance is a crime and punishable as <br /> a misdemeanor under North Carolina General Statutes <br /> Section 14-4. Enclosed is correspondence leading to a <br /> policy adopted by the Board in August, 1980 which <br /> policy sets forth a procedure for enforcement of zoning <br /> violations. The need for Board of Commissioner action <br /> in each case where a civil remedy is sought brings this <br /> issue back to you for consideration. Specifically, the <br /> question for Board decision is: Does the Board wish to <br /> amend its policy regarding zoning ordinance violation <br /> enforcement to include authorization to the staff to <br /> institute a civil action in the name of Orange County <br /> to enforce the County's zoning ordinance? If so, what <br /> are the perimeters of this authority? <br />