08/18/03 Zoning Text Amendment Art XIV Sec 2.0,3.0&Art IV Sec 20.0HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July
18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of
the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G.S. 153A -340: and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those
provisions have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article XIV
Sect.2.0 3.0 and Article IV Sect. 20.0 of the Zoning Ordinance and recommends the adoption of the
following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article XIV Sect.2.0 3.0 and Article IV Sect.
20.0 of the Zoning Ordinance be amended by deleting Article IV Sect. 20.0 (below) and adding or
revising the text of Article XIV Sect.2.0 3.0.
Text to be deleted
Penalties for Violating Any Provisions of this Ordinance
Any person, firm, or corporation, violating any provisions of this Ordinance, or who shall violate or
fail to comply with any order made thereunder; or who shall continue to work upon any structure after
having received written notice from the Zoning Administrator to cease work, shall be guilty of a
misdemeanor and punishable by a fine not to exceed fifty ($50) dollars or imprisonment not to exceed
thirty (30) days. Each day such violation shall be permitted to exist shall constitute a separate offense.
Notice of violation shall be sufficient if directed to such owner, the agent of the owner, or the
contractor and/or left at his known place of residence or place of business.
Add or revise the text as follows to Article XIV Secf.ZO 3.0:
ARTICLE XIV ENFORCEMENT AND PENALTIES
2.0 Enforcement
If the Harnett County Planning Department finds that any of the provisions of this
Ordinance are being violated, it shall notify in writing by personal service, first class mail,
or by registered mail or by certified mail, return receipt requested, to the person responsible
for each violation indicating the nature of the violation and ordering corrective action. The
notice shall also set forth the time period when corrective measures must be completed.
The Planning Department shall order discontinuance of illegal use of land, buildings, or
structures; removal of illegal buildings or structures or of additions, alterations, or
structural changes thereto; discontinuance of any illegal work being done. If compliance
with this Ordinance is not met within the prescribed time period given the Harnett County
Planning Department shall be authorized to use any one (1) or more of the methods
described in Article XIV Sect. 3.0 Penalties of this ordinance or action authorized by law
to insure compliance with or to prevent violation of the provisions of this Ordinance.
3.0 Penalties
3.1 Civil Penalty
A. Generally
Any person(s) failing to take corrective action within the specific time
period given by the Zoning Administrator after receiving written notice
from the Harnett County Planning Department shall subject themselves
to a civil penalty of up to One Hundred dollars ($100.00). Each day such
violation exist shall constitute a separate offense. Continuous violations
shall be subject to a civil penalty in the amount specified in subsection
e., below. Failure to pay the penalty within fifteen (15) days from receipt
of the notice of Civil Penalty shall subject themselves to a civil action in
the nature of debt for the stated penalty plus any additional penalties,
together with the cost of the action to be taxed by the Court.
B. Citation Contents
Such zoning violation citation shall, among other things:
1. State upon its face the amount of the penalty
for the specific violation if the penalty is
paid within (15) fifteen days from and after
issuance of the citation.
2. Notify the offender that a failure to pay the
penalty within the prescribed time shall
subject the offender to a civil action in the
nature of debt for the stated penalty plus any
additional penalties, together with the cost
of the action to be taxed by the Court.
3. Further provide that the offender may
answer the zoning citation by mailing the
citation and the stated penalty to Post Office
Box 65, Lillington North Carolina 27546, or
may pay the amount in person at the Harnett
County Planning Department.
4. That the penalty must be either paid or the
failure to pay must be cleared with the
Manager of Planning Services within fifteen
(15) days of the issuance of the citation.
The notice shall further state that if the
zoning violation citation is not cleared
within (15) days, court action by the filing
of a civil complaint for collection of the
penalty may be taken. As used upon the
zoning violation citation, the word "cleared"
shall mean either:
(i) Payment;
(ii) Arrangement for payment to be made;
or
(iii) A prima facie showing to the Manager
of Planning Services that the zoning
citation was received as a result of
mistake, inadvertence or excusable
neglect.
C. Settlement of Civil Claim
The Harnett County Planning Department is authorized to accept
payment in full and final settlement of the claim or claims, right or rights
of action which the County may have to enforce such penalty by civil
action in the nature of debt. Acceptance of a penalty shall be deemed a
full and final release of any and all claims, or right of action arising out
of contended violations, only if the activities or non - activities which
gave rise to the violations are abated or otherwise made lawful.
D. Additional Penalty
A penalty of twenty -five dollars ($25.00), in addition to the one imposed
for payment within fifteen (15) days, shall apply in those cases in which
the penalties prescribed in this section have not been paid within the
prescribed fifteen (15) days period and in which a civil action shall have
been instituted.
E. Civil Penallies fir Continuing Violations
No civil penalty shall be levied against the same person for the same
continuing violation at the same location more than once unless and until
the Planning Department shall deliver a written notice by personal
service, first class mail, or by registered mail or by certified mail, return
receipt requested, to the person responsible for each violation and
ordering corrective action. The notice shall also set forth the time period
when corrective measures must be completed. The notice shall state that
failure to correct the violation within the specified time period will result
in the assessment of additional civil penalties and other enforcement
action. If after the allotted time period has expired and after the hearing
of any appeal, if any, by the Board of Adjustment corrective action has
not been completed, the civil penalty shall be assessed in the amount of
Two hundred dollars ($200.00) per day of continuing violation.
3.2 Injunction
Enforcement may also be achieved by injunction. When a violation occurs the
County may either before or after the institution of any other authorized action or
proceeding, apply to the appropriate division of the General Court of Justice for a
mandatory or prohibitory injunction commanding the defendant, or in the case of
counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful
use of the property.
3.3 Order of Abatement
The County may apply for and the court may enter an order of abatement. An order
of abatement may direct that buildings or other structures on the property be closed,
demolished, or removed; that fixtures, furniture, or other movable property be
removed; that improvements or repairs be made; or that any other action be taken
that is necessary to bring property into compliance with this Ordinance. Whenever
the party is cited for contempt by the court and the County executed the order of
abatement the County shall have a lien, in the nature of a mechanic's and material
man's on the property for the cost of executing the order of abatement.
3.4 Criminal Prosecution
Violations of this Ordinance shall constitute a misdemeanor or infraction as provided
by General Statutes and the maximum fine, term or imprisonment or infraction
penalty allowed by law is hereby authorized.
3.5 Right of Appeal
If any notice of violation or penalty is issued the applicant has 30 days to appeal the
action of the Zoning Administrator to the Board of Adjustment. Beyond the decision
of the Board of Adjustment, recourse shall be to the Courts as provided by law.
Duly adopted this 18 °i day of August, Two Thousand Three and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
Kay S. l)anchard
Clerk To The Board
B atrice Hill
ice Chairman
ATTEST:
Y !
ry
Kay S. l)anchard
Clerk To The Board