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Planning Board - 030321 ORC Agenda Packet
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Planning Board - 030321 ORC Agenda Packet
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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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307 <br /> Article 9: Enforcement <br /> Section 9.6:Penalties,Remedies,and Enforcement Powers <br /> of same on the site of the violation,all work on the site of the violation shall cease, <br /> except those activities necessary to bring the site into compliance with this Ordinance. <br /> (C) The person(s)conducting the violating activity and/or the property owner may appeal <br /> the Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this <br /> Ordinance. <br /> 9.6.7 Civil Penalty <br /> (A) The Planning Director may impose one or more civil penalties and issue one or more <br /> Civil Penalty Citations for a violation as provided in this subsection. If the violator does <br /> not pay the penalty,the Planning Director may collect it in a court through a civil action <br /> in the nature of a debt. <br /> (B) Notice <br /> The Planning Director shall give the responsible person(s)and the landowner,if the <br /> landowner is not the responsible person(s),written notice of the civil penalty citation, <br /> either by personal delivery, electronic delivery,or first class mail in person or by^ertifio.d <br /> er registered mail,return PeGeipt requested. When.-;erv.r-e is made by Gertified maila. <br /> penalty Git tieR,s este l inGeRSP!GUG61S.,laGe en the premises afr,,,ted The notice <br /> shall include a copy of the notice of violation,the amount of the penalty,information <br /> about where to pay the penalty,the deadline for payment,which shall be ten days from <br /> the date of the notice,and the possibility of civil and/or criminal enforcement. The <br /> Planning Director shall certify that the notice was provided.159 <br /> (C) Penalty Amount <br /> The Planning Director may impose a penalty of$500.00 per day of violation. <br /> (1) For purposes of assessing the amount of a civil penalty,each day the violation <br /> remains uncorrected after receipt of the final notice of violation,correction order, <br /> Stop Work Order,or the receipt of the Civil Penalty Citation itself in the case of <br /> emergency enforcement,shall constitute a separate violation that subjects the <br /> violator to additional civil penalties. <br /> (D) Settlement of Claims <br /> The Planning Director is authorized to determine the amount of payment that will be <br /> accepted in full and final settlement of some or all of the claims the governing body may <br /> have in connection with the violation. The Planning Director shall indicate in writing the <br /> claims from which the violator is released. If the violation has not been remedied, <br /> payment shall not release a violator from potential criminal prosecution or a claim for <br /> injunctive relief and/or an order of abatement. <br /> (E) Continuing Violations <br /> (1) The Planning Director may issue a Civil Penalty Citation for a violation that <br /> continues without being corrected. The violator in such cases may be assessed <br /> a penalty for each day of the continuing violation. <br /> (2) An initial Civil Penalty Citation for a single violation must be issued before a Civil <br /> Penalty Citation for a continuing violation is issued. <br /> (3) If the violator has failed to pay the penalty and correct the violation after the initial <br /> Civil Penalty Citation,the violator is subject to a Civil Penalty Citation for a <br /> continuing violation with a daily penalty. <br /> ...Conforming language to new requirements. <br /> Orange County,North Carolina—Unified Development Ordinance Page 9-7 <br />
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