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HomeMy WebLinkAboutPLAN2010-0003Violation Enforcement.TA_CC app and Info Page 1 of 2 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: November 2, 2020 County Commissioners: November 16, 2020 Applicant Information: Case Number PLAN2010-0003 Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: XIII Section: 5.0, 6.0 Current Text: See attached Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To amend Harnett County’s U.D.O. in order to comply with North Carolina General Statute 160D. This amendment amendment clarifies the appropriate notification process as it relates to issuing a notice of a violation and is consistent with the newly adopted language of 160D. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents and in compliance with the NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. Additional Information On November 2nd, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this application based on compliance with the NC General Statutes.  No one spoke in opposition. Page 2 of 2 ATTACHMENT 1 Red text is proposed, Black text is existing Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery service, electronic delivery, or first class mail. , or registered mail, or by certified mail, return receipt requested. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.2 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The notice shall give a period of 30 days to contact the Planning Department as well as the nature of the violation as an attempt to serve notice. The posting of the notice of violation is are considered County pProperty and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utilized for approval.