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4 <br />a. The BOCC has, under the current Zoning Ordinance, set the civil penalty to begin <br />automatically upon failure of the violator to timely correct the violation. The BOCC <br />currently makes demand for unpaid civil penalties under the current Zoning <br />Ordinance. The proposed change allows for the Zoning Officer to issue civil penalty <br />citations and settle monetary penalties after the time set to correct the zoning <br />violation has passed. The BOCC suggested allowance of opportunity for public to <br />address them by giving the BOCC responsibility for allowing extensions of time limits <br />to correct zoning violations. <br />b. The proposed Ordinance has been amended to allow the offender to request <br />through the BOCC a time extension for correction of the violation. Civil penalties <br />may not be assessed until the time set for correction of the violation, and any stay or <br />extension thereof, has passed. <br />6) Question regarding raising the amount of civil penalty from $100 (Zoning Ordinance) and <br />$50 (Subdivision Regulations) to $500 in each Ordinance. <br />a. The rationale for the increase in the amount of the civil penalty is to provide another <br />tool to use to obtain compliance with the Ordinance/Regulations. <br />b. Staff proposes to keep the proposed civil penalty fine at $500 (Zoning Ordinance) <br />and increase civil penalty from $50 to $500 in the Subdivision Regulations so that <br />penalties will be consistent in both Ordinances. <br />7) Concern over Zoning Officer having discretion over settlement of claims regarding civil <br />penalties. <br />a. The civil penalty amount is set under the terms of the Ordinance. The Zoning Officer <br />will be allowed to determine at what point penalties begin, but under no circumstance <br />may civil penalties begin until the time set for correction of the violation, and any stay <br />or extension thereof, has passed. Offender must be informed (through civil penalty <br />citation) of when penalties begin. <br />B. Information/Issues at Ordinance Review Committee Meeting on April 2, 2003 <br />1) Concern regarding the need for requests for extension of time limits to correct violations <br />to be in writing. <br />a. Language has been added to state that Staff shall provide assistance in cases where <br />an individual is not able to provide written request for time extension. <br />C. Information/Issues at Planning Board Meeting on April 2, 2003 <br />1) Concern regarding the need for requests for extension of time limits to correct violations <br />to be in writing. <br />a. Language has been added to state that Staff shall provide assistance in cases where <br />an individual is not able to provide written request for time extension. <br />2) Concern about use of telephone in personal contact with offenders at initial notice of <br />violation stage. One Planning Board member expressed the opinion that a telephone <br />call may be perceived as a joke or should not be taken seriously. <br />a. The proposed Ordinances state that the telephone is one method that may be used <br />to make personal contact. In questionable circumstances (person not at home, <br />apparent dangerous situation), a telephone call can be used to make initial contact. <br />Staff recommends this option remain as part of the proposed Ordinance. <br />3) Voted to keep civil penalty fine at $500 per day as originally proposed. <br />a. Staff, after concerns raised at the Joint Public Hearing on February 24, 2003, <br />proposed to leave the fine at $100 per day (Zoning) and to increase the fine from $50 <br />G/Current Planning/robertlfinal enforcement documents/ bocc abstract 6 26 2003 <br />