Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 9: Enforcement 299 Section 9.4: Administration of Performance Standards (D) Any tenant or occupant of a property who has control over, or responsibility for, e use or development of the property. (E) Any other person who participates in, assists, directs, creates, or maintain situation that constitutes a violation of this Ordinance. 9.3.2 Charg s and Entities (A) A violation may be charged against more than one viola/ip, (B) F the purpose of this Article, the term "person" includlimited to any indi ual, group of individuals, or any corporation, partociation, comp or business, trust,joint venture, or other lega SECTION • OF • ' STANDARDS Determinations necessary for admi 'stration and enforcement of perf mance standards set forth herein range from those which can be made ith satisfactory accuracy by reasonable person using normal senses and no sophisticated equipment those requiring great chnical competence and complete equipment for precise measurement. It is a intent of this Or i ance that: (A) Where determinations ca be made by a Planning Director, using equipment normally available or obtain le with ut extraordinary expense. Such determinations shall be so made before notic of olation is issued. (B) Where technical complexity or ordinary expense makes it unreasonable for the County to maintain the perso nel or quipment necessary for making difficult or unusual determinations, pr cedures s II be available for causing corrections of apparent violations of p ormance stan rds, for protecting individuals from arbitrary, capricious, d unreasonable ad 'nistration and enforcement of performance stand regulations, and for pr ecting the general public from unnecessary cost for administration and enfor ment. SECTION • ' ' • 9.5.1 Responsibility for E orcement The Planning Dire or shall enforce this Ordinance and the remedies aut rized herein and shall have the author' to settle any violations that involve the payment of move to the governing body. 9.5.2 Inspecti s and Investigations /(B) A program of inspections and investigations to determine compliance with isOrdinance and orders, plans, permits, certificates, and authorizations issue nderthis Ordinance, is hereby authorized. Upon receipt of a complaint or other information suggesting a violation of this Ordinance, the Planning Director shall investigate the situation and determine whether a violation exists in accordance with the provisions of this Ordinance. 9.5.3 Initial Notice of Violation (A) On determining that a violation exists, the Planning Director shall, whenever possible, make contact with the violator either in person or via telephone to discuss the violation and review the necessary steps to correct the violation. (B) The Planning Director shall give the responsible person(s) and the landowner, if the landowner is not the responsible person(s)147, written notice of the violation, either+n porch„ or by^ortified- or registered mail return ro^o;n+ by personal delivery, electronic delivery, or first class mail.req4estc A^^^ �i" ^'^^ � 147 New requirement in NCGS 160D-404 and conforming language to new requirements. Orange County, North Carolina—Unified Development Ordinance Page 9-2