Agenda - 11-05-1990 - Laserfiche WebLink

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K COMMENTS ON VIOLATIONS, PENALTIES AND REMEDIES Article 23 of the Orange County Zoning Ordinance states that if there is a failure to comply with the provisions of the ordinance it shall constitute a separate violation and a separate offense. There are four penalties which may be applied, depending on the circumstances, namely Criminal Action, Civil Penalty, Injunction and Abatement, and Stop Work Orders. In all of the cases presented in this abstract, except Hoyle and Lillian King (injunctive relief has been sought), the Civil Penalty approach is the only provision of the ordinance (Section 23.2b) that has been applied to attempt to bring the respective properties into compliance. In these seven cases, an act constituting a violation of ordinance requirements subjects the offender to a civil penalty of $100. Each day's continuing violation is a separate and distinct offence. Penalties are assessed only after offenders have been notified in the proper manner. They are notified by certified, return receipt requested, mail up to three times at a minimum of two week inter- vals if the violation is not corrected early. As necessary, contact is made by telephone and in person to explain the viola - tions and the' measures to take to bring their properties into compliance with the provisions of the ordinance. Included with the third certified letter, :an explanation of civil penalties is given with the date on or before which the violations shall be corrected. In the event that violations are not corrected within the time period provided in the notice, normally 10 -30 days depending upon the case, the County Commissioners shall make written demand for payment. If payment is not received or equitable settlement reached in 30 days, the matter is referred to the County Attorney for institution of civil action in the courts. Sums recovered are deposited in the County's general fund. The lengthy time it takes to bring cases to the Board of County Commissioners so that it can make demand for payment 'of civil penalties is generally due to the process used to notify the citizenry. So that property owners are duly notified, contact is made through certified, return receipt requested, mail. This process can be drawn out for months because the Postal Service will attempt to deliver notices three times over a three week period. If an addressee cannot be found or refuses to sign for the certified letters, the process time is lengthened considerably. As can be seen in several of the seven cases, notices have had to be sent to offenders in plain white envelopes with private residential return addresses to have property owners open the County mail sent to them.