Agenda - 04-16-1991 - Laserfiche WebLink

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r 3 Civil Penalties Decision - making Standards Because of the predicaments individual property owners may get into as they do, or do not, attempt to correct zoning violations, the following decision- making standards are recommended for the Board of county Commissioners' use. Standards for Delaying Making Demand for Payment A number of unforeseen reasons can crop -up for not being able to correct zoning violations within time frames established by the Zoning Officer. Barring imminent danger to the health, safety and general welfare of the people and the environment, the following conditions should apply for postponing making demands for payments of civil penalties or reaching equitable settlements. i. Progress. If property owners (a) appear before the Board, (b) indicate that efforts are being made to correct viola- tions, (c) show substantial progress towards compliance, and (d) state that conscientious endeavors will continue, the Board should consider granting extensions. 2. Weather. Unseasonably wet or cold weather can hamper and delay cleaning -up properties where violations relate par- ticularly to outside storage and junked motor vehicles. The Board should take these factors into consideration. 3. Illness or Disability. Unpredictable illnesses and long- term or permanent physical and mental disabilities are mitigating situations. These can prove to be legitimate reasons for delaying demands for payment. Medical docu- mentation of illness and disability should be required. In addition to those with illness or disability, there may be circumstances where the ages of persons may require special consideration. Standards for Rescinding Demand for Payment of Civil Penalties sometimes violations are corrected after demands for payment of civil penalties are made. In these cases the Board may wish to withdraw its demands for payment. Moreover, where there is hard- ship, the Board may wish to modify its demands or attempt to reach other equitable settlements. 1. Violation Correction. The Board may wish to rescind demand for payment if a violation is corrected. Applicable admin- istrative costs, however, should be collected. 2. Hardship. The Board may wish to rescind demand for pay- ment for circumstances listed in standard 03 in the section above.