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ATTACHMENT 4 <br />RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES <br />JEFFREY AND SHARON BROOKS 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 />Penal ) 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 />Penal ) of the Orange County, N.C. Zoning Ordinance states that "[N]o penalty shall be <br />assesses 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, N.C. Zoning Ordinance states that "[I]n the event the <br />violation is not corrected within the time period provided in the native, 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 THE COUNTY OF <br />ORANGE MAKE THE FOLLOWING FINDINGS OF FACT: <br />1. Jeffrey and Sharon Brooks are the owners of the property with a street address <br />of 1207 Lysander Lane, Mebane, North Carolina 27302 (hereafter the <br />"property") <br />2. The Orange County Planning Department received a complaint on January 2, <br />2001 regarding storage of junked or wrecked motor vehicles at a home located at <br />1207 Lysander Lane. <br />3. On January 3, 2001, an inspection was made by the Zoning Enforcement Officer. <br />The inspection revealed that six (6) junked or wrecked motor vehicles were being <br />stored on the site. <br />12 <br />