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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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4 <br />Public Hearing Ordinance <br />23.1.4 Zoning Officer <br />For the purposes of this Article "Zoning Officer" shall mean the Director of the Orange <br />County, NC Planning and Inspections Department and/or a sworn staff member(s) acting <br />in the capacity of the Zoning Officer. <br />23.2 Enforcement Procedures <br />23.2.1 Inspections and Investigations: <br />A program of inspections and investigations to determine compliance with the Zoning <br />Ordinance and orders, plans, permits, certificates, and authorizations issued under the <br />Zoning Ordinance, is hereby authorized. This program shall be conducted under the <br />general authority of the Zoning Officer. <br />On receiving complaints or other information suggesting a violation of this Ordinance, the <br />Zoning Officer shall investigate the situation and determine whether a violation exists. <br />23.2.2 Initial Notice of Violation: <br />On determining that a violation exists, the Zoning Officer shall give the responsible <br />person(s) written notice of the violation, either in person, posting the notice at the <br />property in violation, or by certified or registered mail, return receipt requested. When <br />service is made by certified mail, a copy of the notice may also be sent by regular mail. <br />Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, <br />but the notice by regular mail is not returned by the post office within ten (10) days after <br />mailing, provided that a notice of violation is posted in a conspicuous place on the <br />premises affected. <br />The notice shall describe the nature of the violation and its location, state the actions <br />necessary to correct the violation, and invite the alleged violator to meet with the Zoning <br />Officer to discuss the violation and how it may be corrected. The Zoning Officer may <br />provide the alleged violator additional notices of violation. <br />This notice is an administrative determination subject to appeal as provided in Article 2.3 <br />of this Ordinance. <br />23.2.3 Final Notice of Violation; Correction Order: <br />The Zoning Officer's final written notice of violation (which may be the initial notice) shall <br />also order correction of the violation, specify a reasonable time period in which the <br />violation must be corrected, state the remedies and penalties authorized in Article 23.3 <br />the Zoning Officer may pursue if the violation is not corrected within the specified time <br />limit, and state that the correction order may be appealed to the Board of Adjustment if <br />the correction order is the initial notice. The final written notice of violation shall be served <br />upon the responsible person(s), either in person, posting the notice at the property in <br />violation, or by certified or registered mail, return receipt requested. When service is <br />made by certified mail, a copy of the notice may also be sent by regular mail. Service <br />shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the <br />notice by regular mail is not returned by the post office within ten (10) days after mailing, <br />provided that a final notice of violation is posted in a conspicuous place on the premises <br />affected. <br />G:\Curcent Planning Div\Tking\ZO&SR Enforcement Amendments\Public Hearing Ordinance <br />
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