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Planning Board - 040721
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Planning Board - 040721
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3/29/2021 12:15:11 PM
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Date
4/7/2021
Meeting Type
Regular Meeting
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Agenda
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Planning Board minutes - 040721
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Article 9: Enforcement 309 <br /> Section 9.4:Administration of Performance Standards <br /> (D) Any tenant or occupant of a property who has control over, or responsibility for, the <br /> use or development of the property. <br /> (E) Any other person who participates in, assists, directs, creates, or maintains a <br /> situation 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, <br /> company, or business, trust,joint venture, or other legal entity. <br /> SECTION - • OF • - 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 <br /> arbitrary, capricious, and unreasonable administration and enforcement of <br /> performance standard regulations, and for protecting the general public from <br /> unnecessary costs for 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 <br /> this 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 <br /> whether 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 <br /> violation 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)147, written notice of the violation, either+A <br /> PeFG R „r by A—r registered mail FetUFR r ,n+ by personal delivery, <br /> electronic delivery, or first class mail.r-eguested. A =�tne rsla�' a e � <br /> 147 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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