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Agenda 12-06-21; 6-a - First Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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Agenda 12-06-21; 6-a - First Reading of Amendments of Portions of the Code of Ordinances to Comply with North Carolina Session Law 2021-138
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12/2/2021 4:01:27 PM
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12/6/2021
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Agenda
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6-a
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Agenda for December 6, 2021 BOCC Meeting
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3 <br /> o Unified Development Ordinance; The UDO has provisions that must be amended, <br /> however, the process to amend the UDO is more involved than that of the Code and the <br /> Planning Department is moving the UDO amendments through that process. <br /> There has been discussion previously by Board members about the necessity for the misdemeanor <br /> penalty provisions of some ordinances. Contrary to what may be generally believed, the goal of the <br /> penalty sections of the ordinances is compliance rather than punishment. Generally a civil citation for a <br /> violation would issue prior to any misdemeanor citation. And, for the most part, once the offender is in <br /> compliance the civil penalty, if any was assessed, may be waived in whole or in part depending on the <br /> circumstances. Having a misdemeanor option is another avenue to encourage compliance either <br /> through the threat of enforcement or when a civil penalty fails. The only ordinance violations that <br /> regularly involve misdemeanor penalties are violations of the Animal Control Ordinance. When <br /> misdemeanor violations are charged, the outcome is out of the hands of County staff and is decided by <br /> the District Attorney. For these reasons misdemeanor penalties are rarely pursued for violations of <br /> ordinances other than for violations of the Animal Control Ordinance. <br /> FINANCIAL IMPACT: There is no financial impact associated with this item. <br /> SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this <br /> item. <br /> RECOMMENDATION(S): The Manager recommends the Board discuss and consider the various <br /> ordinance amendments presented for first reading. If approved on first reading, the proposed updates <br /> and revisions will be presented for second reading approval at the Board's December 14, 2021 Business <br /> meeting. <br />
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