Presented by Geoffrey Pearson2012 NCAZO Mid-Winter Workshop
WELCOME ! Purpose: Review Zoning & Code Enforcement Procedures foraddressing Complaints and violations What information & documentation is needed in anenforcement case file?
WHAT DO YOU DO?A. Step #1a. Verify who the “Concerned Citizen” Is?• Depends if you accept Anonymous Complaints.• Are you concerned with “Standing”b. Verify the Address? Why?Is Address Correct. Enforcement Jurisdiction
WHAT DO YOU DO?Step # 2Property Owner InformationWhy is this Important?a. Is owner absentee owner?b. Mailing Addressc. Length of Ownership• GIS as Information Resource
Ownership DataFieldValuePIN 685138832Real Estate ID64792Map Name 68503OwnerSMITH, COMMIE L & TOMMIE JMailing Address 18917 KENNEBEC RDMailing Address 2 WILLOW SPRING NC 27592-8931Mailing Address 3Deed Book 1722Deed Page 179Deed Date 12/32/1965Deeded Acreage 1.85Assessed Building Value $18,190.00Assessed Land Value $45,100.00Total Assessed Value $63,290.00Billing ClassINDIVIDUALProperty DescriptionLO5 PROP OF HERBERT LEACH ESTATEHeated Area 864Site Address8917 KENNEBEC RDCityTownshipMIDDLE CREEKYear Built 1964Total Sale Price $0.00Sale DateType and UseSingle FamilyDesign StyleConventionalLand ClassRESIDENCE-< 10 ACRES-HOME SITEOld Parcel Number 887-00000-0029
Step # 3What Is the Zoning Designation?Property is Zoned R-30Residentiali
Is a Junk/Salvage age Yard Permitted inthis Zoning District?• Does Your Ordinance Define Junkyards orSalvage Yards?• If Not, what resource do you use?
Step # 4Are There Any Priors?Research Violation orPermit DatabaseSubdivision Plat orRegister of Deeds Records
Step # 5Is the Property “Grandfathered”? What records do you need?A. Legal Definition of “Grandfathered”7-12 Nonconforming Uses7-12-1 DefinedA nonconforming use is a use of land or structures that lawfullyllexisted, or for which a vested rightwas established, before the adoption or amendment of thisordinance but that fails, by reason of suchadoption or amendment, to conform to the use regulations of thezoning district in which the use islocated.
Step # 5Is the Property “Grandfathered”? What records do you need?B. Document that established Zoning for subject Property
Step # 5Is Property “Grandfathered”d”Historical Aerial Maps1974 Aerial Map 1981 Aerial Map
Step # 5Is Property “Grandfathered”d”Historical Aerial Maps1999 Aerial Map 2010 Aerial Map
Step # 6Determine If Other AgenciesNeed to be Involved Solid Waste Environmental Health Building Inspections State Agencies
Step # 7Conducting the Inspection Is Property(s) Accessible? Easy Access vs. Hard Access Road Frontage? Is Violation in Plain Sight? Trespass Issues If Access is Denied, Remedies are: Adjoining Property Owners Administrative Search Warrant
Step # 7Conducting the InspectionI. Is This Property a “Junk/Salvage Yard”?I. Pictures with date stampII.Interview Owner/TenantI. Is Information RelevantII.III.Record Everything (What they say can be used againstthem).Is Interviewee of Legal Age?IV. Is There a Language Barrier?V. Interview Neighbors
Step # 8The NoticeIs There Enough Evidence tosupport the issuance of aNotice of Violation (NOV)?1. Does property meetdefinition of ajunk/salvage yard?2. Is owner/tenantoperating a junk/salvageyard?Junk and salvageyards arecharacterized bythe buying,storage, handling,sale, exchange,packing ordisassembly ofscrap materialssuch as scrapmetals, paper,rags, rubber tiresor bottles.
Step # 8The NoticeThe NOV MUST Include the Following:a) Person(s) () responsible for abating violation;b) Physical location of the violation;c) Inspection Date with Inspection Results;d) Ordinance Provisions that are being Violated;e) Concise Clear Instructions for correcting Violation;f) Time Frame for correcting violation;ig) Appeals Option; andh) Consequences for Non-Compliance
Step # 9The FileWhere is the “File” Kept?• Physical File• Digital File• Network File for document sharing.• Database• Email Correspondence• Digital Photos
Step # 9The FileWho Has Access to the File?• Supervisor?• City/County Attorney?• General Public?The “File” must be maintained & current at alltimes.File Management• Track Compliance Status & Re-Inspections• Status Reports
Step # 10The Handoff If Non-Compliant, deliver “File” to Attorney’s Office Provide Assistance to Attorney’s Office by: Supplying important information about case file; Witness for the Prosecution Field Visits