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X119 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />and <br />PLANNING BOARD <br />PUBLIC HEARING AGENDA ITEM ABSTRACT <br />Meeting Date: February 24, 2003 <br />Action Agenda <br />Item No. <br />SUBJECT: Proposed Zoning Ordinance & Subdivision Regulations Text Amendments - <br />Article 23: Violations, Penalties and Remedies (Zoning); Section VII: Legal <br />Status Provisions, Sub-section VII-E: Penalties for Violation (Subdivision) <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes <br />ATTACHMENT(S): INFORMATION CONTACT: <br />Proposed Ordinance Craig N. Benedict, Director ext. 2592 <br />Tom King, Planner II ext. 2607 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To receive citizen comment on proposed Zoning Ordinance and Subdivision <br />Regulations text amendments regarding enforcement and penalties of both Ordinances. <br />BACKGROUND: Orange County's Zoning Ordinance and Subdivision Regulations both contain <br />enforcement provisions, Article 23 and Section VII, respectively. <br />Zoning Ordinance <br />Under the current Zoning Ordinance, Planning Staff currently has four (4) methods (listed below) <br />available for enforcement of the Ordinance.. These methods may be used individually or in <br />concert. The Ordinance does not provide detailed procedures with regard to general violation <br />notification procedures. <br />• Criminal Action -Offender guilty of Class 3 misdemeanor punishable by fine of no more <br />than $500.00. <br />• Civil Penalties -Offender subject to penalty of $100.00 after notice sent to offender and <br />demand for civil penalty payment made by BOCC. Penalties accrue daily. <br />• Injunction and Abatement -Zoning Officer may ask Court of competent jurisdiction to <br />prevent violation from continuing. <br />• Stop Work Order -Zoning Officer may post and issue Stop Work Order to compel offender <br />to cease work and bring property into compliance. <br />Present ordinance procedure mandates that the BOCC, by resolution, make demand for <br />payment of civil penalties after notice of said civil penalties has been communicated to the <br />offending party. The demand must be made before the Zoning Officer or the County Attorney <br />G:\Current Planning Div\TkingWbstracts\ZOEnforcement.PH <br />