Orange County NC Website
Browse       Search
Article 9: Enforcemlrg <br /> Section 9.5: Enforcement Procedure <br /> If the violation has been corrected, the Planning Director shall take no further action <br /> against the alleged violator. If the violation has not been corrected, the Planning Director <br /> may act to impose one or more of the remedies and penalties specified in the notice of <br /> violation, correction order, or Stop Work Order. <br /> (F) If delay in correcting a violation would seriously threaten the effective enforcement of this <br /> Ordinance or pose a danger to the public health, safety, or welfare, the Planning Director <br /> may seek immediate enforcement without prior written notice through any of the <br /> remedies or penalties detailed herein. <br /> 9.5.6 Final Notice of Violation and/or Correction Order <br /> (A) The Planning Director's final written notice of violation (which may be the initial notice) <br /> shall also order correction of the violation, If the identified violation is not corrected within <br /> the timeframe stated in the Initial Notice of Violation or the decision is not appealed to the <br /> Board of Adjustment within the specified timeframes identified in the Initial Notice, a final <br /> written notice of violation shall be issued ordering the correction of the violation. This <br /> final notice shall: <br /> (1) Specify a reasonable time period in which the violation must be corrected, and <br /> (2) State the remedies and penalties authorized within this Ordinance that the <br /> Planning Director may pursue if the violation is not corrected within the specified <br /> time limit. <br /> (B) The final written notice of violation shall be served upon the responsible person(s), either <br /> in person, posting the notice at the property in violation, or by certified or registered mail, <br /> return receipt requested. When service is made by certified mail, a copy of the notice <br /> shall also be sent by regular mail. Service shall be deemed sufficient if the notice by <br /> certified mail is unclaimed or refused, but the notice by regular mail is not returned by the <br /> post office within ten days after mailing, provided that a final notice of violation is posted <br /> in a conspicuous place on the premises affected. <br /> (C) A notice is also not required where action is taken under 9.6.2, 9.6.3, and/or 9.6.65.' <br /> 9.5.7 Recurring Violations <br /> A new initial notice of violation is not required where a notice of a violation of the same kind has <br /> been issued to the same violator at the same property within the previous two years. In such <br /> cases, the violator may be charged with a continuing violation without further notice, as provided <br /> in this Section. <br /> 9.5.8 Performance Standards <br /> (A) Planning Director Determination <br /> Where the Planning Director determines that there is a violation of performance <br /> standards relating to emission of smoke, odor and explosive hazards influence, he/she <br /> shall take or cause to be taken lawful action to cause correction to within the limits set by <br /> such performance standards. Failure to obey lawful orders concerning such correction <br /> shall be punishable as provided herein. <br /> (B) Technical Determinations <br /> If the Planning Director believes there is a violation but is unable to make a final <br /> determination due to insufficient evidence, the following procedures shall apply: <br /> 1 The section number referenced is changing. The amendment is intended to reference this change. <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-4 <br />