Agenda - 08-22-2005-1a - Laserfiche WebLink

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14 violations or do not have the equipment and manpower necessary to correct their violations. 4, Refusal to Accept Notices of Violation: Refusal to accept certified U.S, Mail is another hindrance to enforcement efforts, It appeazs to be common knowledge to not accept Certified Mail from Orange County if a violation exists on one's property. Failure to accept Notice of Violation or Assessment of Civil Penalties letters slows down the enforcement process due to it taking three weeks or more for the USPS to return letters to the Planning Office, It also creates doubt during the three-week period as to whether or not the violator actually received their official notice in writing. One (1) method to resolve this problem is to mail out an uncertified letter in an unmarked envelope at the same time a certified letter is mailed out, If the certified letter is returned and the uncertified letter is not, the ordinance requirement to serve the violator is met, This increases the cost of each mailing. Another option that has been explored would involve having a Sheriffs Deputy deliver any official notices or civil penalty assessments to the violator and then certify to the Zoning Enforcement Officer of the date and time the violation was served, From a legal standpoint, having a sworn officer certify delivery carries more weight with the Courts should the case proceed to that level, Staff has attempted to address this problem by creating a FIELD NOTICE OF NONCOMPLIANCE that can be issued instead of a mailed initial notice of violation (please see Appendix B). This has allowed staff to meet directly with the alleged violator, explain the process, and work out a solution to the problem without having to send out certified notices, This system, however, is not always practical and staff is in continuing to utilize all available options to ensure the appropriate party is notified of a zoning violation. 5. Lack of Follow Through with Violators: The low rate of compliance in cases that have gone to court is yet another barrier. The amount of time it took the County to obtain court orders requiring individuals such as Hoyle King and .Terry Baldwin to comply with notices of violations are good examples to most citizens and violators in Orange County of the difficulty of forcing anyone to comply with the zoning ordinance requirements. While the County has moved forwazd on these projects, and is obtaining viable results, the time it took to get to this stage leads local residents to believe that complying with County notices of violation is not an immediate concern they should address. 6. Lack of Facilities: The lack of conveniently located, legally approved, locations in the County that accept junked and wrecked vehicles, old and dilapidated mobile homes, yard waste and similar debris, as well as companies or individuals to haul such items is one of the biggest logistical problems in getting sites cleaned up,