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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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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 310 <br /> Section 9.5: Enforcement Procedure <br /> rent by regular mail Service shall he deemed sufficient if the notice by certified mail <br /> icy clammed or refused, but the notice by regular mail is not returned by the posoffice within ten days after mailing, provided that a notice of violation is posted iR a <br /> GenSPi,., GHS plane OR the premises affor.ted The Planning Director shall certify that <br /> the notice was provided. <br /> (1) The notice shall: <br /> (a) Describe the nature of the violation and its location, <br /> (b) State the actions necessary to correct the violation, <br /> (c) Specify a reasonable time period in which the violation must be <br /> corrected, <br /> (d) State the remedies and penalties authorized herein that the Planning <br /> Director may pursue if the violation is not corrected within the specified <br /> time limit, <br /> (e) Invite the alleged violator to meet with the Planning Director to discuss <br /> the violation and how it may be corrected, and <br /> (f) Contain a statement indicating that the decision referenced within the <br /> notice can be appealed to the Orange County Board of Adjustment as <br /> detailed within this Ordinance. This statement shall include language <br /> indicating that the appeal must be filled within 30 days from the date of <br /> the initial notice and shall provide the deadline for the submittal of the <br /> appeal application. <br /> 9.5.4 Appeals <br /> (A) Any person aggrieved by the Planning Director's determination of a violation or a <br /> correction order may appeal that determination or order to the Board of Adjustment in <br /> accord with the provisions of Section 2.27 of this Ordinance, including payment of the <br /> appropriate fee. <br /> (B) Except as provided in Section 2.27, an appeal generally stays all further actions, <br /> including any accumulation of fines.148 to enforce a notice of violation, correction <br /> order, or Stop Work Order, until the Board of Adjustment has made a decision <br /> concerning the appeal. <br /> (C) Civil Penalty Citations subsequent to the initial notice of violation may not be <br /> appealed to the Board of Adjustment. <br /> (D) As detailed within Sections 2.12 and 2.27, the Board of Adjustment shall hear the <br /> appeal and may affirm, modify, or revoke the Planning Director's determination of a <br /> violation. <br /> (E) If there is no appeal, the Planning Director's determination of the nature and degree <br /> of the violation are final. <br /> 9.5.5 Timeline for Abatement <br /> The time allotted to abate an identified violation shall be at the sole discretion of the Planning <br /> Director and shall be based upon what is deemed a reasonable amount of time to abate the <br /> identified violation. The following standards shall apply" <br /> (A) Within 30 days of receipt of an initial notice of violation, correction order, or Stop <br /> Work Order, the owner of the property on which the violation occurs may submit to <br /> the Planning Director a written request for extension of the specified time limit for <br /> correction of the violation. <br /> 148 Update to conform to new language in NCGS 160A-388. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-3 <br />
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