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ATTACHMENT 7 <br />RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES <br />M. HENRY WILSON ZONING VIOLATION CASE <br />WHEREAS, Article 23 (Violations, Penalties. and Remedies), Section 23.1 (Violations), <br />states that "[W]henever, by the provisions of this Ordinance, the performance of any act <br />is prohibited, or whenever any regulation, dimension or limitation is imposed on the use <br />of any land, or on the erection or alterations or the use or change of use of a structure, <br />or the uses within such structure, a failure to comply with such provisions of this <br />Ordinance shall constitute a separate violation and a separate offense. ", and <br />WHEREAS, Article 23 (Violations. Penalties and Remedies), Section 23.2(b) (Civil <br />Penalty) of the Orange County, NC Zoning Ordinance allows for the assessment of civil <br />penalties in the amount of $100.00 in securing the abatement of violations of the <br />Ordinance, and <br />WHEREAS, Article 23 (Violations, Penalties, and _Remedies), Section 23.2(b) (Civil <br />Penally) of the Orange County, NC Zoning Ordinance states that "[N]o penalty shall be <br />assessed until the person alleged to be in violation has been notified of the violation by <br />registered or certified mail, delivery restricted to addresses only, return receipt <br />requested, or other means reasonably calculated to provide actual notice to the <br />offender. The notice shall describe the violation with reasonable particularity, specify a <br />reasonable time period within which the violation must be corrected and warn that <br />failure to correct the violation within the. time period will result in the assessment of a <br />civil penalty. ", and <br />WHEREAS, Article 23 (Violations. Penalties,_ and Remedies), Section 23.2(b) (Civil. <br />Penal ) of the Orange County, NC Zoning Ordinance states that "[I]n the event the <br />violation is not corrected within the time period provided in the notice, the Orange <br />County Board of Commissioners shall make written demand for payment upon the <br />person responsible for the violation, and shall set forth in detail a description of the <br />violation for which the penalty has been invoked. ", <br />AND WHEREAS, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY MAKE <br />THE FOLLOWING FINDINGS OF FACT: <br />1. Marion Henry Wilson, Jr. and Nancy Wilson are the owners of the property with a <br />street address of 1220 and 1302 Ferguson Road, Chapel Hill, North Carolina <br />27516 (hereafter the "property "). <br />2. The Orange County Planning Department has received intermittent complaints <br />since 1998 regarding the operation of a motor vehicle repair garage on the <br />property. <br />3. Notices of Zoning Violation were sent to the property owner on November 24, <br />1998, and August 19, 1999 regarding this issue. <br />12 <br />