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

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Article 9: Enforcement 300 Section 9.5: Enforcement Procedure ent by regular mail Service shall he deemed sufficient Of the notice by certified mail 4 s unclaimed or refused, but the notice by regular mail is not returned by the post office within ten days after mailing, provided that a notice of violation is posted in a c nSnic„ „6 plane OR the premises affeGte,, The Planning Director shall certify that the notice was provided. (1) The notice shall: (a) Describe the nature of the violation and its location, (b) State the actions necessary to correct the violatio , c) Specify a reasonable time period in which t violation must be corrected, (d) to the remedies and penalties thorized herein that the Planning Dire r may pursue if the vio ion is not corrected within the specified time limi , (e) Invite the alleg vi or to meet with the Planning Director to discuss the violation an it may be corrected, and (f) Contain a tement indic ' g that the decision referenced within the notice n be appealed to the ange County Board of Adjustment as de ed within this Ordinance. Th statement shall include language dicating that the appeal must be fille ithin 30 days from the date of the initial notice and shall provide the dea ' e for the submittal of the appeal application. 9.5.4 Appea (A) Any person aggrieved by the Planning Director's determination of a violatio r a correction order may appeal that determination or order to the Board of Adjust nt in accord with the provisions of Section 2.27 of this Ordinance, including payment of the appropriate fee. (B) Except as provided in Section 2.27, an appeal generally stays all further actions, including any accumulation of fines,148 to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has made a decision concerning the appeal. (C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to the Board of Adjustment. (D) As detailed within Sections 2.12 and 2.27, the Board of Adjustment shall the appeal and may affirm, modify, or revoke the Planning Director's de ination of a violation. (E) If the 's no appeal, the Planning Director's determin ' n of the nature and degree of the viola ' are final. 9.5.5 Timeline for Abatement The time allotted to abate an identified ati hall be at the sole discretion of the Planning Director and shall be based upon at is deemed a sonable amount of time to abate the identified violation. The foll ' g standards shall apply" (A) Within ays of receipt of an initial notice of violation, rrection order, or Stop Order, the owner of the property on which the violation curs may submit to the Planning Director a written request for extension of the specifi me limit for correction of the violation. 148 Update to conform to new language in NCGS 160A-388. Orange County, North Carolina—Unified Development Ordinance Page 9-3