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Planning Board - 030321 ORC Agenda Packet
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Planning Board - 030321 ORC Agenda Packet
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Date
3/3/2021
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Regular Meeting
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Agenda
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Ordinance Review Committee notes - 030321
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Minutes\2021
Planning Board - 030321 ORC Agenda Packet - Replacement Att 1 - 160D
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\Advisory Boards and Commissions - Active\Orange County Planning Board\Ordinance Review Committee\Agendas\2021
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304 <br /> Article 9: Enforcement <br /> Section 9.4:Administration of Performance Standards <br /> (E) Any other person who participates in,assists,directs,creates,or maintains a situation <br /> that constitutes a violation of this Ordinance. <br /> 9.3.2 Charges and Entities <br /> (A) A violation may be charged against more than one violator. <br /> (B) For the purpose of this Article,the term"person"includes but is not limited to any <br /> individual,group of individuals,or any corporation,partnership,association,company, <br /> or business,trust,joint venture,or other legal entity. <br /> SECTION 9.4: ADMINISTRATION OF PERFORMANCE STANDARDS <br /> Determinations necessary for administration and enforcement of performance standards set forth herein <br /> range from those which can be made with satisfactory accuracy by a reasonable person using normal <br /> senses and no sophisticated equipment to those requiring great technical competence and complete <br /> equipment for precise measurement. It is the intent of this Ordinance that: <br /> (A) Where determinations can be made by the Planning Director,using equipment <br /> normally available or obtainable without extraordinary expense. Such determinations <br /> shall be so made before notice of violation is issued. <br /> (B) Where technical complexity or extraordinary expense makes it unreasonable for the <br /> County to maintain the personnel or equipment necessary for making difficult or <br /> unusual determinations,procedures shall be available for causing corrections of <br /> apparent violations of performance standards,for protecting individuals from arbitrary, <br /> capricious,and unreasonable administration and enforcement of performance standard <br /> regulations,and for protecting the general public from unnecessary costs for <br /> administration and enforcement. <br /> SECTION • ' PROCEDURE <br /> 9.5.1 Responsibility for Enforcement <br /> The Planning Director shall enforce this Ordinance and the remedies authorized herein and shall <br /> have the authority to settle any violations that involve the payment of money to the governing <br /> body. <br /> 9.5.2 Inspections and Investigations <br /> (A) A program of inspections and investigations to determine compliance with this <br /> Ordinance and orders,plans,permits,certificates,and authorizations issued under this <br /> Ordinance,is hereby authorized. <br /> (B) Upon receipt of a complaint or other information suggesting a violation of this <br /> Ordinance,the Planning Director shall investigate the situation and determine whether <br /> a violation exists in accordance with the provisions of this Ordinance. <br /> 9.5.3 Initial Notice of Violation <br /> (A) On determining that a violation exists,the Planning Director shall,whenever possible, <br /> make contact with the violator either in person or via telephone to discuss the violation <br /> and review the necessary steps to correct the violation. <br /> (B) The Planning Director shall give the responsible person(s)and the landowner,if the <br /> landowner is not the responsible person(s)' 6 written notice of the violation,either in <br /> persen,or by^e.+lfled or registered mail return re by personal delivery,electronic <br /> delivery,or first class mail.~^^ ested e GOPY of the notice shall also he sent by reg Jar <br /> mall. Service shall he deemed c ff'c'ent if the notice by certified moil is unclaimed o <br /> Fefused,but the RE)tiGe by regulaF maul is not Fetumed by the POSt OffiGe within ten days <br /> "'New requirement in NCGS 160D-404 and conforming language to new requirements. <br /> Orange County,North Carolina—Unified Development Ordinance Page 9-2 <br />
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