Orange County NC Website
4 <br />3. Amend Article 23 (Enforcement) to streamline the citation procedure for <br />zoning violations, to establish procedural guidelines for violation <br />notifications, to allow the Zoning Officer to process civil penalties. An <br />increase in the civil penalty from $100.00 to $500.00 per violation is also a <br />part of the amendment. <br />Purpose: This amendment will clarify provisions, increase civil penalties, and <br />streamline enforcement procedures for enforcement of the Zoning Ordinance. <br />The amendments also provide greater discretion to the Planning Director/Zoning <br />Officer concerning the administration of penalties while, at the same time, <br />maintaining Board of County Commissioner oversight through the County <br />Manager's Office. The proposed changes in the Ordinance revise the <br />enforcement procedures to define in greater detail how violations are to be cited <br />and carried through the enforcement process. <br />Planning Staff currently has four (4) methods available for enforcement of the <br />Zoning Ordinance as listed below. <br />a. Stop Work Order - Zoning Officer may post Stop Work Order to compel <br />offender to cease work and bring property into compliance. <br />b. Injunction and Abatement - Zoning Officer may ask Court of competent <br />jurisdiction to prevent violation from continuing. <br />c. Civil Penalties - Offender subject to fee of $100.00 after notice sent to <br />offender and assessment made by BOCC. <br />d. Criminal Action - Offender guilty of misdemeanor punishable by fine of no <br />more than $500.00. <br />B. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS <br />1. Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for <br />Violation), to identify the citation procedure for violations, and establish <br />procedural guidelines for violation notification, to allow the Planning <br />Director to make assessments for civil penalties, and increases the civil <br />penalty from $50.00 to $500.00 per violation. <br />Purpose: This amendment will clarify provisions, streamline enforcement of the <br />Subdivision Regulations, and increase available civil penalties. The proposed <br />changes in the regulations revise the enforcement procedures to define in <br />greater detail how violations are to be cited and carried through the enforcement <br />process. This amendment is a corollary to the proposed Zoning Ordinance text <br />amendment. <br />Planning Staff currently has four (4) methods available for enforcement of the <br />Subdivision Regulations as listed below. <br />a. Court Order- General Court of Justice may use any equitable remedy to <br />compel compliance with regulations to provide equitable relief to County. <br />b. Injunction and Order for compliance - Planning Director may ask Court of <br />competent jurisdiction to compel offender to comply with regulations.