Agenda - 11-14-2017 - D.2 - Unified Development Ordinance (UDO) and Zoning Atlas Amendments

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Article 9: Enforceme Section 9.7:Additional Procedures—Special Flood Hazard Area Overlay Dist Mr by regular mail. Service shall be deemed sufficient if the notice by certified mail i unclaimed or refused, but the notice by regular mail is not returned by the post ice within ten days after mailing, provided that a notice of civil penalty citation is ..sted in a conspicuous place on the premises affected. The notice shall include a co. of the otice of violation, the amount of the penalty, information about where to .ay the penalty, t - deadline for payment, which shall be ten days from the date of the .tice, and the po .ibility of civil and/or criminal enforcement. (C) Penal Amount The Plan•ing Director may impose a penalty of$500.00 per da, of violation. (1) For •urposes of assessing the amount of a civil pen, ty, each day the violation remai's uncorrected after receipt of the final notic- of violation, correction order, Stop . k Order, or the receipt of the Civil Pen- y Citation itself in the case of emergen enforcement, shall constitute a se.-rate violation that subjects the violator to a'ditional civil penalties. (D) Settlement of Claims The Planning Director is . thorized to determi'e the amount of payment that will be accepted in full and final se lement of some .r all of the claims the governing body may have in connection with the violation. The alarming Director shall indicate in writing the claims from which the violator H releaseg. If the violation has not been remedied, payment shall not release a viola .r fr. potential criminal prosecution or a claim for injunctive relief and/or an order of -.:tement. (E) Continuing Violations (1) The Planning Director ay issue . Civil Penalty Citation for a violation that continues without bo. g corrected. The violator in such cases may be assessed a penalty for each :ay of the continu g violation. (2) An initial Civil P-nalty Citation for a sin. violation must be issued before a Civil Penalty Citat'.n for a continuing violation issued. (3) If the viol.•.r has failed to pay the penalty a . correct the violation after the initial Civil Pe -Ity Citation, the violator is subject to :• Civil Penalty Citation for a contin.ing violation with a daily penalty. (4) An ' itial Civil Penalty Citation is not required if the 3epartment has previously i .ued a Civil Penalty Citation to the violator for the s: e violation at the same ocation within the previous two years. (5) The Planning Director may give a single notice of a Civil '-nalty Citation for a continuing violation. The notice must contain a copy of the .tire of violation and must state that the violation is continuing, that a daily penalty .f a specified amount is being imposed, and that the penalty is cumulative. (F) Judicial Action to Collect Civil Penalty A civil action in the nature of a debt may be filed in any court of competent jur diction to collect an unpaid civil penalty imposed herein. SECTION 9.7: ADDITIONAL PROCEDURES - SPECIAL FLOOD HAZARD AREA 9.7.1 Actions in Event of Violation (A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a Notice of Violation. The Notice shall detail the nature of the violation and schedule a hearing with the Floodplain Administrator to review the situation. (B) This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten business days after the date of the Notice, at which time the Orange County, North Carolina—Unified Development Ordinance Page 9-7