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Agenda - 02-24-2003-c1c
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Agenda - 02-24-2003-c1c
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Last modified
9/2/2008 8:57:00 AM
Creation date
8/29/2008 10:44:36 AM
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BOCC
Date
2/24/2003
Document Type
Agenda
Agenda Item
c1c
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Minutes - 20030224
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
ORD-2003-006 Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation)
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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420 <br />2 <br />may take any collection action. Staff has pursued civil penalties prior to instituting any of the <br />other remedies listed above, with the exception of Stop Work Orders. This procedure is time <br />consuming and, given the high number of violations that Staff receives through outside <br />complaints, requires significantly more time being spent on paperwork than on actual field <br />investigations and enforcement. <br />The proposed changes in the Ordinance revise and streamline the enforcement procedures by <br />defining in greater detail how violations are to be noticed, cited and carried through the <br />enforcement process. The civil penalty fine is increased from $100.00 to $500.00. <br />The amendments also authorize the Planning Director/Zoning Officer to pursue the collection of <br />unpaid civil penalties without BOCC intervention while, at the same time, maintaining BOCC <br />oversight through the County Manager's Office. <br />Subdivision Regulations <br />The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed <br />below). Again, as in the Zoning Ordinance, there is very little guidance on notification of <br />violations and the citation procedure. <br />• Criminal Action -Offender guilty of a misdemeanor punishable by fine of no more than <br />$50.00 or thirty- (30) days in jail. <br />• Civil Penalties -Offender subject to fee of $50.00. County may collect in the nature of a <br />debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. <br />• Injunction and Abatement -Planning Director may ask Court of competent jurisdiction to <br />prevent violation from continuing. <br />• Judicial enforcement through equitable remedies by a Court of law. <br />The proposed changes in the Regulations revise and streamline the enforcement procedures by <br />defining in greater detail how violations are to be noticed, cited and carried through the <br />enforcement process. The civil penalty fine is increased from $50.00 to $500.00. <br />FINANCIAL IMPACT: No financial impact is anticipated with this action. <br />RECOMMENDATION(S): <br />Plannina Staff Recommendation <br />Planning Staff recommends approval of the proposed Ordinance. <br />Administration Recommendation <br />The Administration recommends that the proposed Ordinance be referred to the Planning <br />Board for a recommendation to be returned to the BOCC no sooner than May 20, 2003. <br />G:\Current Planning Div\Tking\Abstracts\ZOEnforcement.PH <br />
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