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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments – “160D” Legislation
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5/4/2021
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Agenda
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5-b
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Agenda for May 4, 2021 Board Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-04-2021 Virtual Business Meeting
ORD-2021-011 An Ordinance amending the unified development Ordinance and 2030 comprehensive plan of Orange County
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\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2021
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Article 9: Enforcement 301 <br /> Section 9.6: Penalties, Remedies, and Enforcement Powers <br /> 9.6.1 In General <br /> (A) The Planning Direc pursue o more of the remedies and penalties <br /> described herein or otherwis prized by common law or statute to prevent, <br /> correct, or abate a ' ion of this Or ' ce. <br /> (B) Use o of the authorized remedies and penaltie s not preclude the use of <br /> y other authorized remedies or penalties, nor does it relie party to the <br /> imposition of one remedy or penalty from imposition of any other au d remedies <br /> or penalties. <br /> 9.6.2 Permit Revocation <br /> (A) In accord with the provisions of this Ordinance, the Planning Director, upon a written <br /> determination, may revoke any permit, certificate, or other authorization granted <br /> under this Ordinance for failure to comply with the provisions of this Ordinance or the <br /> terms and conditions of a permit or authorization granted under this Ordinance. <br /> WJ(11)L Revocation of any permit or authorization shall follow the same development <br /> review and approval process required for issuance of the development approval, <br /> including any required notice or hearing. <br /> - <br /> (B) Any permit, certificate, or authorization mistakenly issued in violation of State law or <br /> local ordinance, or issued on the basis of misrepresentations by the applicant, owner, <br /> or owner's agent may be revoked without such written determination. <br /> 9. 3 Permit Denial or Conditioning <br /> (A) As long as a violation of this Ordinance remains uncorrected, the Plannin erector <br /> may deny or withhold approval of any permit, certificate, or other autho ' ation <br /> provided for in this Ordinance that is sought for the property on whi the violation <br /> ccurs. <br /> (B) The nning Director may also condition a permit, certifi e, or authorization on the <br /> correctip of the violation and/or payment of a civil pe ty, and/or posting of a <br /> compliance curity. <br /> 9.6.4 Injunctive and Abatement Reli in Superior Court <br /> (A) A violation may be correct by any propriate equitable remedy, a mandatory or <br /> prohibitory injunction, or an or abatement as authorized by NCGS 153A-123. <br /> (B) The Planning Director shall ve th uthority to execute an order of abatement if the <br /> violator does not compl ith such orde , nd the costs of the execution shall be <br /> recovered by a lien he property in the n re of a mechanic's or materialman's <br /> lien. <br /> 9.6.5 Criminal Penalties <br /> (A) An erson, firm or corporation who violates the provisions o is Ordinance or fails <br /> comply with any of its requirements shall, upon conviction, be Ity of a Class 3 <br /> misdemeanor and shall be fined not more than a maximum of$500. imprisonment <br /> of up to 30 days, or both, for each violation, as provided in NCGS Sectio 4-4. <br /> (B) The Planning Director may refer a violation to the District Attorney for institutio f <br /> criminal prosecution of the alleged violator. <br /> 149 New requirement in NCGS 160D-403(f). <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-6 <br />
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