Orange County NC Website
302 <br />Paul G. Scurlock in the amount of $14,200. Mr. Scurlock has made i <br />effort to come into compliance. With regard to Lori B. and Nathan. <br />McDuffie, substantial progress has been made on cleaning up their <br />property. He asked that they be given another extension to finish their <br />cleanup work. lie asked that the demand for civil penalties against <br />Gayle and Chris McMillan be postponed again because of substantial <br />progress that has been made on the cleanup. He asked that the civil <br />penalties against Mr. Ralph Turner be rescinded because they have come <br />into compliance well before the deadline. <br />Mrs. McMillan assured the Board that if they grant her an <br />extension she will have the work completed after the holidays. <br />Mr. Gamble spoke on behalf of Mr. Scurlock. He stated that <br />Mr. Scurlock has no funds to clean up his property. He has been <br />building a house for the past five years. <br />Commissioner Gordon asked on what basis an extension of time <br />was granted. Gledhill stated that the imposition of civil penalties is <br />one of the remedies available to the County as a means to enforce its <br />Zoning Ordinance. Whether the County pursues it or not is purely <br />discretionary. The enforcement of the Ordinance is not considered to <br />be discriminatory. Whats at issue is how much time to give people <br />before deciding to make a demand for civil penalties or pursue civil <br />penalties in court. In his opinion, substantial progress toward getting <br />the property in compliance is a valid basis for doing so. A decision <br />based solely on economics would be a problem. Economics may be a basis <br />for giving somebody more time but whether to enforce the Ordinanc- <br />through the use of civil penalties based purely on the ability of ti <br />person to pay the civil penalty may be a problem. <br />Mr. Scurlock stated that he would probably finish his house <br />by the end of the summer. He is trying to get a loan at this time. The <br />car has been in the streambed for thirty years. He indicated he would <br />not be able to move the car until he puts in a road and has the finances <br />to hire a tow truck. <br />Commissioner Halkiotis expressed his disappointment that Mr. <br />Scurlock has not made an effort to clean up his property. He suggested <br />that he be given an extension of thirty days and if no substantial <br />effort is made to clean up his property that the County make written <br />demand for the full amount of money due. <br />Motion was made by Commissioner Halkiotis, seconded by <br />Chairman Carey to give an extension of time to January 17, 1991 to Lori <br />B. and Nathan McDuffie and Gayle and Chris McMillan and to rescind <br />making demand for civil penalties against Ralph Turner. <br />VOTE: UNANIMOUS <br />Motion was made by Commissioner Willhoit, seconded by <br />Commissioner Halkiotis to delay action on the demand for civil penalties <br />against Paul G. Scurlock and to evaluate the situation on January 7, <br />1991 to determine if an effort has been made by Mr. Scurlock to come <br />into compliance. <br />VOTE: UNANIMOUS <br />For Mr. Scurlock to come into compliance, he will need to <br />remove everything from the streambed and on the floodplain. <br />C. CLASSIFICATION STUDY <br />