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~'~ <br />Benedict: We would like to put something in place to have this done with new subdivisions <br />before they are approved. An informational booklet given to the contractors in the area would be <br />possible. <br />b. Enforcement Procedures Text Amendments <br />Presenter: Tom King <br />PURPOSE: To make recommendation to Board of County Commissioners regarding proposed Zoning <br />Ordinance and Subdivision Regulations text amendments regarding enforcement and penalties of both <br />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 maybe used individually or in concert. The <br />current Ordinance does not provide detailed procedures with regard to general violation notification <br />process. <br />• Criminal Action -Offender guilty of Class 3 misdemeanor punishable by fine of no more than <br />$500.00. <br />• Civil Penalties -Offender subject to penalty of $100.00 after notice sent to offender and demand for <br />civil penalty payment made by BOCC. Penalties accrue daily. <br />• Injunction and Abatement -Zoning Officer may ask Court of competent jurisdiction to prevent <br />violation from continuing. <br />• Stop Work Order -Zoning Officer may post and issue Stop Work Order to compel offender to cease <br />work and bring property into compliance. <br />PRESENT ORDINANCE PROCEDURE MANDATES THAT THE BOCC, BY RESOLUTION, MAKE <br />DEMAND FOR PAYMENT OF CIVIL PENALTIES AFTER NOTICE OF SAID CIVIL PENALTIES <br />HAS BEEN COMMUNICATED TO THE OFFENDING PARTY. THE DEMAND MUST BE MADE <br />BEFORE THE ZONING OFFICER OR THE COUNTY ATTORNEY MAY TAKE ANY <br />COLLECTION ACTION. STAFF HAS PURSUED CIVIL PENALTIES PRIOR TO INSTITUTING <br />ANY OF THE OTHER REMEDIES LISTED ABOVE, WITH THE EXCEPTION OF STOP WORK <br />ORDERS. THIS PROCEDURE IS TIME CONSUMING AND, GIVEN THE HIGH NUMBER OF <br />VIOLATIONS THAT STAFF RECEIVES THROUGH OUTSIDE COMPLAINTS, REQUIItES <br />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. <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 />4 <br />