Orange County NC Website
131 soliciting contracts with the public. <br /> IMPACT: Article 23 VIQLAT1ONS, PENALTIES AND REMEDIES of the Orange <br /> County Zoning Ordinance provides that <br /> "whenever . . . the performance of any act is rohibited <br /> or whenever any regulation, dimension or limitation is <br /> imposed on the use of any land, or on the erection or <br /> alteration or the use or change of use of a structure, or <br /> the uses within such structure, a failure to comply with <br /> such provisions of this ordinance shall constitute a <br /> separate violation and a separate offense." <br /> The Ordinance further provides for remedies exercised by the <br /> Zoning Officer to address the violations.. <br /> The administrative procedures followed in determining if a <br /> violation has occurred are as follows: <br /> 1. receipt of complaint or identification of violation by <br /> staff; <br /> 2. investigation of violation by Zoning Officer, including <br /> preparation of violation file and photographs, where <br /> feasible; <br /> 3 . notification of property owner of potential violation, <br /> including citation of ordinance and request-to discuss. <br /> matter with Zoning Officer (sometimes consecutive with <br /> issuance of STOP WORK ORDER) ; <br /> 4. second notice of violation; <br /> 5. if property owner brings violation into compliance, file <br /> is closed; if violation continues, advice of County Attor- <br /> ney is sought. <br /> Administrative procedures for this violation have been ex- <br /> hausted. CCB has continued its contract with Edkins and Edkins <br /> has continued to operate in disregard of the Zoning Ordinance <br /> in operating the gymnastic center. - <br /> Authorizing the County Attorney to pursue legal action would <br /> substantially remedy the violation and would clearly put those <br /> in violation on notice of the intent of the County to pursue <br /> remedies to correct zoning violations.. <br /> RECOMMENDATION: Authorize the County Attorney to pursue legal action. <br />