Agenda - 06-26-2003-8M - Laserfiche WebLink

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3 • Injunction and Abatement -Zoning Officer may ask Court of competent jurisdiction to prevent violation from continuing and/or to order abatement. • Stop Work Order -Zoning Officer may post and issue Stop Work Order to compel offender to cease work and bring property into compliance. Current Subdivision Regulations The current Subdivision Regulations also provide four (4) enforcement mechanisms (listed below). The appeal process on staff decisions for subdivision matters is to the Board of County Commissioners, not the Board of Adjustment. As is the case in the Zoning Ordinance, there are limited details on the notification of violations and the citation procedure. • Criminal Action -Offender guilty of a misdemeanor punishable by fine of no more than $50 or thirty-(30) days in jail. • Civil Penalties -Offender subject to fee of $50. County may collect in the nature of a debt if penalty not paid within ten (10) days after citing of violation. Penalties accrue daily. • Injunction and Abatement -Planning Director may ask Court of competent jurisdiction to prevent violation from continuing. A. Information/Issues at Public Hearing on February 24, 2003 1) Need for Purpose and Intent section to address the County's objective for voluntary Ordinance compliance over formal enforcement measures. a. The proposed amendments to the Zoning Ordinance and Subdivision Regulations (hereafter collectively referred to as "Ordinances") have been amended to add a Purpose and Intent section to clarify that enforcement is the top priority, not collection of civil penalties. 2) Need for initial contact with offender to be of a personal nature (in person or telephone call). a. The proposed Ordinances have been amended so that initial contact with offender will be made in person or by teleph b. one. 3) Concern over posting of notice on property (absentee landowner-tenant removes posted notice-landowner unaware of violation). a. Ordinances allow for various methods of notice. The proposed Ordinances have been amended to require the Planning Department to attempt, in every case, to provide the violator with written notice of the violation either in person or by certified mail. Posting, when used along with notice by regular mail, remains an option only when the violator does not claim or refuses to accept a notice of violation by certified mail. 4) In addressing zoning violations that have ceased, yet re-occur within two (2) years, what would happen if the property were to be sold? How would the violation be handled? a. The proposed Zoning Ordinance has been amended to state that a new notice is not required when a notice of violation of the same kind/type has been issued to the same violator within the previous two years. However, with such continuing violations, a single new notice of civil penalty citation for a continuing violation may be issued. In every instance a new notice of violation will be required if the property has been sold to an entity different from the owner initially notified. 5) Concern over allowing Zoning Officer to issue civil penalty citations and to settle monetary penalties. No public recourse to approach BOCC to discuss violation or to give BOCC ability to allow for extensions of time limits to correct Zoning Violations. G/Current Planning/robert/final enforcement documents/ bocc abstract 6 26 2003