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36 <br />RESOLUTION FOR ASSESSMENT OF CIVIL PENALTIES <br />HULAN BRADSHAW & DOLLEY B. TORAIN ZONING VIOLATION CASE <br />WHEREAS, Article 23 ( Volafions Penalties and Remedies), Section 23.1 (Violations), states <br />that'gAghenever, by the provisions of this Ordinance, the performance of any act is prohiblled, <br />or whenever any regulation; dimension or limitation Is imposed on the use of any land, of on the <br />erection or alterations or the use or change of use Of a structure, or the uses within such <br />structure, a failure to comply with such provisions of this ordinance shall constitute a separate <br />vlolatlon and a separate offense', and <br />WHEREAS, Article 23 (Violations Penalties and Remedies), Section 23.2(b) (Civil Penalty) of <br />the Orange County, NC Zoning Ordinance allows for the assessment of civil penalties in the <br />amount N $100.00 in securing the abatement of violations of the Ordinance, and <br />WHEREAS, Article 23 (Violations Penalties, and Remedies). Section 23.2(b) (Civil Penalty) of <br />Me Orange County, N.O. Zoning Ordinance slates Nat "[N]o penalty shall be assesses until the <br />person alleged to be in violation has been notified of the violation by registered or identified mall, <br />delivery restricted to addresses only, return receipt requested, or star means reasonably <br />calculated to provide actual notice to the offender. The notice shall describe this violation with <br />reasonable particularly, specify a reasonable time period within which to violation must be <br />comected and warn that failure to correct to violation within the time period will result In the <br />assessment of a Oil penalty.'. and <br />WHEREAS. Article 23 (Violations Penalties, and Remadles), Section 232(b) (Civil Penalty) of <br />the Orange County, N C. Zoning Ordinance states that "[I]n to event to violation is not <br />ousted within the time period provided in the notice, the Orange County Board of <br />Commissioners shall make written demand far payment upon the person responsible for the <br />violation, and shall set forth in detail a description of the violation for which the penally has been <br />Invok ki <br />AND WHEREAS, THE BOARD OF COMMISSIONERS OF THE COUNTY OF ORANGE MAKE <br />THE FOLLOWING FINDINGS OF FACT: <br />1. Hulan Bradshaw & Dailey B. Torain are the owners of the property with a street address <br />Of 3714 Mill Creek Road, E6and, North Carolina 27243 (hereafter the "property'). <br />2. The Orange County Planning Department received a complaint on February 21, 2001 <br />regarding storage of an unanchored, unsecured singlewide manufactured home at a <br />home located at 3714 Mill Creek Road. <br />3, On February 21, 2001, an inspection was made by the Zoning Enforcement Officer. The <br />inspection revealed that an unanchored, unsecured singlewide manufactured home was <br />being stored on to site. Photograph Of violation taken. <br />4. A Notice of Zoning Violation was malted cartined mail, return receipt requested, to the <br />property owners on March 1, 2001. Compliance date was sat at March 15, 2001. The <br />Notice was received on March 2, 2001 by Hulan Bradshaw. <br />S. Mr. Bradshaw visits Planning & Inspections Office to discuss the situation with the <br />Zoning Enforcement Officer. Home is being remodeled for a relative <br />6. A second site inspection wee performed on April 9, 2001. No change in situation. <br />7. Mr, Bradshaw visits Planning & Inspections Office and discusses possibility of <br />subdividing some adjacent property on which to place the manufactured hone. Card <br />Bateman, Planner I, discusses process with Mr. Bradshaw. <br />