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ORC agenda 071013
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ORC agenda 071013
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8/29/2018 11:20:49 AM
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BOCC
Date
7/10/2013
Meeting Type
Regular Meeting
Document Type
Agenda
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Article 9: Enforcement <br /> Section 9.5: Enforcement Procedure <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 9-3 <br /> <br />(b) State the actions necessary to correct the violation, <br />(c) Specify a reasonable time period in which the violation must be <br />corrected, <br />(d) State the remedies and penalties authorized herein that the Planning <br />Director may pursue if the violation is not corrected within the specified <br />time limit, <br />(e) Invite the alleged violator to meet with the Planning Director to discuss <br />the violation and how it may be corrected, and <br />(f) Contain a statement indicating that the decision referenced within the <br />notice can be appealed to the Orange County Board of Adjustment as <br />detailed within this Ordinance. This statement shall include language <br />indicating that the appeal must be filled within 30 days from the date of <br />the initial notice and shall provide the deadline for the submittal of the <br />appeal application. <br />9.5.4 Appeals <br />(A) Any person aggrieved by the Planning Director’s determination of a violation or a <br />correction order may appeal that determination or order to the Board of Adjustment in <br />accord with the provisions of Section 2.25 2.27 of this Ordinance, including payment of <br />the appropriate fee. <br />(B) Except as provided in Section 2.252.27, an appeal generally stays all further actions to <br />enforce a notice of violation, correction order, or Stop Work Order, until the Board of <br />Adjustment has made a decision concerning the appeal. <br />(C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to <br />the Board of Adjustment. <br />(D) As detailed within Sections 2.12 and 2.252.27, the Board of Adjustment shall hear the <br />appeal and may affirm, modify, or revoke the Planning Director’s determination of a <br />violation. <br />(E) If there is no appeal, the Planning Director’s determination of the nature and degree of <br />the violation are final. <br />9.5.5 Timeline for Abatement <br />The time allotted to abate an identified violation shall be at the sole discretion of the Planning <br />Director and shall be based upon what is deemed a reasonable amount of time to abate the <br />identified violation. The following standards shall apply” <br />(A) Within 30 days of receipt of an initial notice of violation, correction order, or Stop Work <br />Order, the owner of the property on which the violation occurs may submit to the <br />Planning Director a written request for extension of the specified time limit for correction <br />of the violation. <br />(B) The Planning Director shall assist individuals in the preparation of the written request for <br />extension in cases where an individual(s) is/are unable to prepare a written request. <br />(C) The Planning Director shall determine whether the time limit should be extended based <br />on the information contained in the written request for extension. The Planning Director <br />may extend the time limit as reasonably necessary to allow timely correction of the <br />violation. <br />(D) In cases where an appeal of the notice of violation has been properly filed with the Board <br />of Adjustment, as provided in Section 9.5.4, the 30 day period shall commence upon <br />receipt of the notice of the Board of Adjustment decision concerning the violation or <br />correction order. <br />(E) Following the time limit for correction of the violation, including any stay or extension <br />thereof, the Planning Director shall determine whether the violation has been corrected. <br />18
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