Agenda 12-14-21; 5-a - Proposed Unified Development Ordinance Text Amendment – Modification of Enforcement Provisions Addressing Changes in State Law

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Article 9: Enforcem1r6 Section 9.6: Penalties, Remedies, and Enforcement Powers (1) The Planning Director shall give written notice, by certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Planning Director believes there is a violation, and shall require an answer or correction of the alleged violation within a specified time limit. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation within the specified time limit set constitutes admission of violation of the terms of this Ordinance. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this Ordinance will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. If it is determined that no violations exist, the cost of the determination will be paid by the County. (2) If there is no reply within the specified time limit, and the alleged violation is corrected, it shall be noted, "violation corrected"on the copy of the notice, and shall be retained among the official records, taking such other action as may be warranted. (3) If there is no reply within the specified time limit, thus establishing admission of violation(s)as provided within (1) above and the alleged violation is not corrected within the specified time limit, action shall be taken as is warranted by continuation of a violation after notice to cease. (4) If a reply is received within the specified time limit indicating that the alleged violation will be corrected, but additional time is requested, the Planning Director may grant an extension, if it is deemed warranted in the circumstances of the case and if the extension will not cause imminent peril to life, health or property. (5) If reply is received within the specified time limit requesting technical determinations, as provided in this Ordinance, and if the alleged violations continue, the Planning Director may call in properly qualified experts to make the determinations. If expert findings indicate violations of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of this Article. If no violation is found, the costs of the determinations shall be paid by the County, without assessment against the properties or persons involved. 9.5.9 Failure to Comply If a violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. MTA=o • - - • 9.6.1 In General (A) The Planning Director may pursue one or more of the remedies and penalties described herein or otherwise authorized by common law or statute to prevent, correct, or abate a violation of this Ordinance. (B) Use of one of the authorized remedies and penalties does not preclude the use of any other authorized remedies or penalties, nor does it relieve any party to the imposition of one remedy or penalty from imposition of any other authorized remedies or penalties. 9.6.2 Permit Revocation (A) In accord with the provisions of this Ordinance, the Planning Director, upon a written determination, may revoke any permit, certificate, or other authorization granted under Orange County, North Carolina—Unified Development Ordinance Page 9-5