HomeMy Public PortalAbout11-18-2002 Regular Session
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MINUTES
IDLLSBOROUGH TOWN BOARD
November 18,2002
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on November 18, 2002 at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Frances Dancy, Evelyn Lloyd, Mark Sheridan, Kenneth Chavious and Michael
Gering. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister,
Planning Director Margaret Hauth, Finance Director Sherry Carter, Fire Marshal/Code
Enforcement Officer Todd Chavious, Assistant Town Manager/Public Works Director Demetric
Potts, Police Chief Nathaniel Eubanks, and Town Attorney Bob Hornik.
1. PUBLIC CHARGE
Mayor Joe Phelps did not read the Public Charge, but stated that it would be followed and that he
expected the Board and Audience to conduct themselves with courtesy and respect.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
There were no audience comments.
3. AGENDA CHANGES & AGENDA APPROVAL
By consensus, the Board approved the printed Agenda as presented.
4. APPOINTMENTS
A. Appoint Dani Black to a 2-year term on the Tourism Board, ending November 30, 2004
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to appoint Dani Black to a 2-year term on the Tourism Board, ending November 30,
2004 by a vote of 5-0. The motion was declared passed.
B. Appoint Dr. Joseph Gatewood to a three-year term on the Historic District Commission,
ending November 30, 2005
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to appoint Dr. Joseph Gatewood to a three-year term on the Historic District Commission,
ending November 30, 2005 by a vote of 5-0. The motion was declared passed.
C. Re-appoint Brian Lowen to a 2nd three-year term on the Board of Adjustment, ending
November 30, 2005
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved
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to appoint Brian Lowen to a 2nd three-year term on the Board of Adjustment, ending November
20, 2005 by a vote of 5-0. The motion was declared passed.
5. APPROVAL OF THE MINUTES OF THE OCTOBER 14TH REGULAR BOARD
MEETING, AND THE OCTOBER 28TH MONTHLY WORKSHOP
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to approve the Minutes of the October 14th Regular Board Meeting and the October 28th
Monthly Workshop as presented by a vote of 5-0. The motion was declared passed.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson stated that he had nothing to report.
7. REPORT FROM THE TOWN ENGINEER
A written status report on all water/sewer projects was submitted to the Board in the absence of
Town Engineer Kenny Keel who was out of town attending an Engineer's Conference.
8. ITEMS FOR DECISION - CONSENT AGENDA
A. Consider adopting a Tolling and Accounting Order to Extend the Review Period for
Time WarnerCable's 2003 FCC-1240, 1205, 1235 Rate Filing Through January 2003
B. Consider Adopting a Tolling and Accounting Order to Extend the Review Period for
Time Warner Cable's 2003 FCC-1240, 1205, and 1235 Rate Filing Through January
2003
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to approve Items 8.A and 8.B of the Consent Agenda as presented by a vote of 5-0. The
motion was declared passed.
9. ITEMS FOR DECISION - REGULAR AGENDA
A. Discuss proposed discussion items and format for the Board's January 25th Annual
Budgetary Planning Session
By consensus, the Board approved the proposed discussion items and format for the Board's
January 25th Annual Budgetary Planning Session as presented. The Board also decided to hold
the meeting without the assistance of a facilitator.
B. Update on proposed joint Safety Officer position with the Town of Carrboro starting in
FY04 (July 2003)
Town Manager Eric Peterson reported that Assistant Town Manager/Public Works Director
Demetric Potts, Safety Coordinator Russell Bateman, and himself are continuing discussions
with the Town ofCarrboro regarding ajoint Safety Officer position and plan to bring a proposal
to the Board for their consideration during the budget process. He stated that Carrboro has
volunteered to be the lead entity and handle the employee through their payroll system.
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C. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts
Fire Marshal/Code Enforcement Officer Todd Chavious reported on the status of Nuisance and
Junk Car abatement efforts. He stated that the "friendly letters" have been sent and that he has
received several responses.
D. Consideration of a citizen request for the placement of signage in the Margaret Lane
Cemetery to prohibit tombstone rubbings
Linda Schmitt addressed the Board and stated it has come to the attention of the Orange County
Historical Museum Board that the old town cemetery is at risk. The site is used by many and is
the focus of scavenger hunts. Rubbings on tombstones deface and pressurize the old grave
markers. The Museum Board is requesting the Town erect signs stating, "no tombstone
rubbings allowed".
After some discussion, by consensus, the Board directed the town staff to obtain the appropriate
slgnage.
E. Request :from Parks & Recreation Board to submit an Adopt-a- Trail grant application
for $5,000 toward to the construction of the portion of the Riverwalk on Gold Park.
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Elizabeth Lacey, Chair of the Parks and Recreation Board, addressed the Board asking that their
previous River Walk funding request be reduced to $50.00 to cover the easement recording
expense.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board
moved to approve the funding and authorized the Mayor to execute the easement( s) by a vote of
5-0. The motion was declared passed.
F. Discussion of Elizabeth Brady Road for comment to the Transportation Advisory
Committee on the draft regional long-range transportation plan.
G. Consideration of ordinance to rezone approximately 2 acres at 209 US 70 A from
AgriculturalJResidential to Neighborhood Business at the request of Crown Embroidery.
Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She
stated there had been no Public Hearing comments, although a neighbor did submit a valid
protest petition. Hauth stated that the Planning Board expressed concern about future users of
the site and voted to deny the rezoning but asked the Town Board to delay action until an
alternative that allows the owner to relocate his business can be found.
Hauth reported she had discussed the concept of recombining the properties with Mr. Goode
and asked whether the building sizes fit the 25% rule for use as a home occupation. He
indicated he is willing to recombine the parcels into one and to limit the use for business to no
more than 1000 square feet. His house is currently 4000 sf. These two steps would put him in
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compliance as a home occupation and remove the need for rezoning.
By consensus, the Board authoriied the town staff to take the necessary steps to issue Mr.
Goode a Home Occupation Permit.
H. Consideration of ordinance to amend the Subdivision Regulations to add the creation of
non-standard lots when being purchased or offered for public park or public open space
use as an exempt subdivision.
Planning Director Margaret Hauth presented the Ordinance for the Board's consideration.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance to amend the Subdivision Regulations to add the creation of non-
standard lots when being purchased or offered for public park or public open space use as an
exempt subdivision by a vote of5-0. The motion was declared passed. A copy of the
Ordinance is hereby made a part of these official Minutes as an Attachment.
ADDED ITEM: Hugh Burch - Town Cemetery
Mr. Hugh Burch addressed the Board and expressed his concerns with the placement of
mandatory "flat tombstones" in Zone 9, Sections L, M, & N of the Town Cemetery. He
requested the Board consider making upright tombstones optional. The Board thanked Mr.
Burch for his comments.
I. Receive report from Planning Board and consider ordinance to add Section 21.7 of the
Zoning Ordinance, establishing a prevention of demolition by neglect provision.
Planning Director Hauth presented the Ordinance for consideration stating that the Planning
Board has concluded its work reviewing the proposed Ordinance. With the final changes, they
voted to endorse its adoption at their November 5th meeting by a 5-2 vote. Members Quinn and
Hopper were opposed and indicated their opposition was to the Ordinance generally, not to
specific sections or wording.
Hauth stated the changes are not substantial enough to warrant another Public Hearing, unless
the Board desires it.
Paul Newton addressed the Board and expressed his appreciation for the revisions.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance to add Section 21.7 of the Zoning Ordinance, establishing a prevention
of demolition by neglect provision by a vote of 5-0. The motion was declared passed. A copy
of the Ordinance is hereby made a part of these official Minutes as an Attachment.
J. Consideration of ordinance to amend the Zoning Ordinance and Subdivision
Regulations to add adequate public facilities provisions in accord with the Memorandum
of Understanding.
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Planning Director Hauth presented the Ordinance for the Board's consideration.
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After some discussion, and by consensus, the Board agreed to meet with the School Board for
discussions before voting on the Ordinance.
10. CLOSED SESSION
Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved
to go into Closed Session to address the following by a vote of 5-0:
A. To discuss a legal matter pertaining to collection of delinquent Food and Beverage Tax
Payments
B. To discuss a Personnel Matter
C. Town Manager's Annual Performance Evaluation
Upon returning to Open Session, the Mayor informed the Board that an Item is being added to
the agenda for the Joint Meeting with Orange County on November 21 st regarding concerns
from citizens at Churton Grove regarding double water rates.
11. ADJOURN
Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved
to adjourn at 10:35 PM by a vote of 5-0. The motion was declared passed.
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Donna F. Armbrister, CMC
Town Clerk
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AN ORDINANCE AMENDING THE SUBDMSION REGULATION
OF THE TOWN OF IDLLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF Hll...LSBOROUGH ORDAINS:
Section 1.
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The Hillsborough Subdivision Regulations are hereby amende~. by . adding the
following section to the definition of subdivision as an additional exemption:
(7) Creation of a parcel that is to be given, .sold, or 'ownership otherwise
transferred to the Town or other non-profit entity for the purpose of
creating public parks or public open space provided that the deed of the
parcel includes a limitation on its use for said purpoS<?. Public park or
public open space lots need not meet minimum lot. size or lot Width
requirements and need.abut a public right-of-way. The remaining property
of the donor/grantor must comply with the dimensional and setback
. requirements of the Zoning Ordinance.
Section 2.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 3. This.ordinance shall become effective upon adoption.
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. ~. The foregoing ordinance having been submitted to a vote, received the following vote and
was duly adopted this 18th. day of November 2002.. . . .
Ayes:. 6'
Noes: ..e-
Absent or Excused: ...P-
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Donna F. Armbrister, Town Clerk
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AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE TOWN OF HILLS BOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS:
Section 1.
Section 21 of the Hillsborough Zoning Ordinance is hereby amended by adding
Section 21.7 as follows:
21.7 Prevention of Demolition by Neglect
21.7.1 Intent
The purpose of this ordinance is to permit the Town of Hills borough, through its Historic District
Commission and its Planning Department, to protect its historic architectural resources by
intervening when a significant resource is undergoing demolition by neglect.
Demolition by neglect is defined as a situation in which a property owner allows the condition of
improved a property located in the Historic District to suffer such deterioration, potentially
beyond the point of repair, as to threaten historic character of the property or the distriot. the
structural integrity of the structure or its relevant architectural detail such that the structure and
its character may potentially be lost to current and future generations.
A significant resource, as the term is used in this ordinance, is defined as any property, structure
or architectural resource which was designated as "contributing" in the Hillsborough Historic
District's nomination to the National Register of Historic Places, or in the Hillsborough Historic
District Architectural Inventory of 1996, or which has gained significance in the intervening
period.
21. 7.2 Standards
The exterior features of any building or structure found to have significance (as the term is
defined above) located within the Historic Overlay District shall be preserved by the owner or
such other person who may have legal possession, custody, and control thereof against decay and
deterioration and kept free from structural defects. The owner, or other person having such legal
possession, custody, and control, shall upon written request by the Town stabilize or repair such
exterior features if they are found to be deteriorating, or if their condition is contributing to
deterioration of the property or the district, including but not limited to any of the following
defects;
(a) Deterioration of exterior walls, foundations, or other vertical support that causes
leaning, sagging, splitting, listing, or buckling where such condition threatens the
structural integrity of the structure,:,
(b) Deterioration of flooring or floor supports, roofs, or other horizontal members that
causes leaning, sagging, splitting, listing, or buckling where such condition threatens
the structural integrity of the structure.
(c) Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or
buckling where such condition threatens the structural integrity of the chimney.
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(d) Deterioration or crumbling of exterior plasters or mortars where there is evidence that
such condition has allowed deterioration of structural elements that threaten the
structure's integrity.
(e) Ineffective waterproofing of exterior walls, roofs, and foundations, including broken
windows or doors where there is evidence that such condition has allowed
deterioration of structural elements that threaten the structure's integrity.':"
(f) Defective protection or lack of weather protection for exterior wall and roof
coverings, including lack of paint, or weathering due to lack of paint or other
protective covering':" where there is evidence that such condition has allowed
deterioration of structural elements that threaten the structure's integrity.
(g) Rotting, holes, and other forms of decay_':" where there is evidence that such condition
has allowed deterioration of structural elements that threaten the structure's integrity.
(h) Deterioration of exterior stairs, porches, handrails, window and door frames,
cornices, entablatures, wall facings, and architectural details that causes delamination,
instability, loss of shape and form, or crumbling where there is the possibility that the
architectural details will be totally lost or destroyed':"
(i) Deterioration of contributing f-ences, gates, and accessory structures.
0) Deterioration that has a detrimental effeot upon the special charaoter of the district as a
whole or the uaique attribHtes and character of the significant structure within the
Historic Overlay District.
(k) Deterioration of any exterior feature so as to ere ate or permit the creatioa of any
hazardoHs or unsafe conditions to life, health., or other property.
21. 7.3 Procedure for Enforcement
a) Due to the time consuming nature of pursuing enforcement under this section, no
more than one property will be under consideration during one year. Staff shall
review and process complaints on a quarterly basis (January. April. July. October).
a:tb) Any citizen who believes demolition by neglect is occurring with respect to any
particular property in the Historic District may make a written complaint to the
Planning Department. Such a complaint must include a clear description of the
property and the nature of the deterioration claimed to constitute demolition by
neglect.
bk) Upon the receipt of 2 ~ complaints from unique addresses within a calendar year
for the same structure. t+he Planning Department staff will conduct a preliminary
investigation and prepare a staff report of each site for which it has received a
complaint on a quarterly basis (January. April. July. October). The Planning
Department staff member who makes the preliminary investigation may consult, at his
discretion, with professionals including, but not limited to: architects, landscape
architects, engineers, building inspectors and historic preservationists.
d) If the Planning Department staff fmds that the complaint has a basis in fact, it will
notify the property owner that a complaint and staff report will be brought before the
Historic District Commission in no fewer than 30 days. (The aotifieation to the
ov,ner needs to include: 1. Steps in the process 2. flow the owner can resol'/e the
issue immediately 3. list of fmancial somces. The owner needs to ha';e an
oppomm.ity at this point to resol';e the issue ..... If the preliminary investigation does
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not substantiate the complaint, the complaint is resolved and no further action will be
taken.
e) The first letter of notice to the property shall include a description of the process, how
the property owner can resolve the issue immediately, and a list of financial resources
available to assist the owner in addition to a copy of the staff report documenting the
violations.
Ei)f) The Planning Department staff will forward the complaint and staff report to the
Historic District Commission at its next regularly scheduled meeting after the 30 days
in subsection c has elapsed. The Alliance for Historic Hillsborough shall also be sent
a letter to make them aware of the pending action the member organizations may be
able to assist with.
~g) The Historic District Commission will review complaints and staff reports.
tih) If the Historic District Commission fmds that the complaint may have merit, it may,
at its own discretion, file a petition listing specific defects with the Planning Director
directing the Planning Director or a designee to act under the following procedures to
require the correction of deterioration or making of repairs to significant structure
located within the Historic Overlay District so that such structure shall be preserved
and protected
gii) Whenever a petition is filed with the Planning Director, a Planning Department staff
member shall issue and cause to be served upon the owner and/or such other person
who may have legal possession, custody, and control thereof, as the same may be
determined by reasonable diligence, a written finding stating that the Historic District
Commission has reason to believe that the property is undergoing demolition by
neglect, identifying the specific condition(s) at the property which have led to that
determination, and containing a notice that a hearing will be held before the Planning
Director at a place within the Town not less than thirty (30) nor more than forty-five
(45) days after the serving of such order; that the owner and/or parties in interest shall
be given a right to answer AND to give testimony at the hearing; that the Historic
District Commission shall also be given notice of the hearing; and that the rules of
evidence prevailing in courts of law or equity shall not be controlling in hearings
before the Planning Director. The purpose of the hearing is to receive evidence
concerning the charge of deterioration and to ascertain whether the owner and/or other
parties in interest wishes to file a claim of economic hardship with the Historic
District Commission.
J:Bj) If after such fmding and hearing, the Planning Director determines that the structure is
undergoing demolition by neglect because it is deteriorating, or if its condition is
contributing to deterioration, the Planning Director shall state in writing the fmdings
of fact in support of such determination and shall issue and cause to be served upon
the owner and/or other parties in interest therein an order to repair within a time to be
specified in the written decision those elements of the structure that are deteriorating,
contributing to deterioration, or deteriorated. The Owner and/or other party in interest
shall have ten (10) business days from the date of the Planning Director's written
order within which to file with the Historic District Commission a written petition for
a claim of undue economic hardship. In the event that the owner and/or other parties
in interest wish to petition for a claim of undue economic hardship, the Planning
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Director's order shall be stayed until after the Historic District Commission's
determination in accordance with the procedures of this code, except as provided in
the Section Other Town Powers.
Bk) Any improvements to the property, approved plans for improvements, or other
arrangements to bring the property into compliance agreed upon by the property
owner and the Planning Director or Historic District Commission will stay all
proceedings under this section.
HI) Properties with approved Certificates of Appropriateness for work or demolition will
not be subject to enforcement action under this section.
21.7.4 Stay of Proceedings
a. Any improvements to the property, approved plans for improvements, or other
arrangements to bring the property into compliance agreed upon by the property owner
and the Planning Director or Historic District Commission will stay all proceedings under
this section.
21.7.5 Exemptions
a. Properties with approved Certificates of Appropriateness for work or demolition
will not be subiect to enforcement action under this section. Properties with
approved Certificates for repairs shall begin work within six months of approval
to qualify as exempt.
b. Properties actively listed and marketed by a licensed real estate agent will have
enforcement waived for a period not to exceed six months. However, both the
property owner and the agent will be notified in writing that the property has
received verified complaints under this section.
21.7.42 Methods of Service
Complaints or orders issued by the Planning Department staff shall be served upon persons either
personally or by registered or certified mail; but if the whereabouts of such persons are unknown
and the same cannot be ascertained by Planning Department staff in the exercise of reasonable
diligence, and Planning Department staff shall make an affidavit to that effect, stating the steps
taken to determine and locate the persons in interest, then the serving of such complaint or order
may be made by publishing the same once each week for two (2) successive weeks in a
newspaper generally circulated within the Town. Where such service is by publication, a notice
of the pending proceedings shall be posted in a conspicuous place on the premises thereby
affected.
21.7.~1 Safeguards from Undue Economic Hardship
Undue economic hardship is defined as the property owner's financial inability to make the
repairs specified in Section 21.7.3.h. A claim of undue economic hardship must be made, in
writing, by filing a request for such a determination with the Planning Department within the
time period specified for in Section 21.7.3.h. The determination of undue economic hardship will
be made by the Historic District Commission on a case by case basis.
When a claim of undue economic hardship is made owing to the effects of this article, Planning
Department staff shall notify the Commission within five (5) business days following the
Planning Department's receipt of the written request for a determination of undue hardship. The
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Commission shall at its next regular meeting, schedule a hearing on the request within the
limitations of its procedures for application deadlines.
The petitioner shall present the information provided under subsection (a) below to the
Commission at or prior to the hearing. The Commission may require that an owner and/or parties
in interest furnish such additional information as the Commission may reasonable conclude is
relevant to its determination of undue economic hardship, and may, in its sole discretion, hold the
hearing open or close the hearing and allow the owner or party in interest a reasonable period of
time (to be established by the Commission) to furnish the requested additional information. The
Commission may direct its staff to furnish additional information, as the Commission believes is
relevant. The Commission shall also state which form of financial proof it deems relevant and
necessary to a particular case.
In the event that any of the required information is not reasonably available to the owner and/or
parties in interest and cannot be obtained by the owner, the owner shall describe the reasons why
such information cannot be obtained.
(a) When a claim of undue economic hardship is made owing to the effects of this article,
the owner and/or parties in interest must provide evidence during the hearing upon the
claim, describing the circumstances of hardship. The minimum evidence shall include
for all property:
(1) Nature of ownership (individual, business, or nonprofit) or legal possession,
custody, and control.
(2) Financial resources of the owner and/or parties in interest.
(3) Cost of repairs.
(4) Assessed value of the land and improvements.
(5) Real estate taxes for the previous two (2) years.
(6) Amount paid for the property, date of purchase, and party from whom
purchased, including a description of the relationship between the owner and
the person from whom the property was purchased, or other means of
acquisition of title, such as by gift or inheritance.
(7) Annual debt service, if any, for previous two (2) years.
(8) Any listing of the property for sale or rent, price asked, and offers received,
if any.
For income-producing property:
(9) Annual gross income from the property for the previous two (2) years.
(10) Itemized operating and maintenance expenses for the previous two (2) years,
including proof that adequate and competent management procedures were
followed.
(11) Annual cash flow, if any, for the previous two (2) years.
(b) Within sixty (60) days of the Commission's hearing on the claim, the Commission
shall make a determination of undue or no undue economic hardship and shall enter
the reasons for such finding into the record: In the event of a fmding of no undue
economic hardship, the Commission shall report such fmding to the Planning
Department staff, and the Planning Department staff shall cause to be issued an order
for such property to be repaired within the time specified.
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( c) In the event of a finding of undue economic hardship, the finding shall be
accompanied by a recommended plan to relieve the economic hardship. This plan
may include, but is not limited to, property tax relief as may be allowed under North
Carolina law, loans or grants from the Town, the County, or other public, private, or
nonprofit sources, acquisition by purchase or eminent domain, building code
modifications, changes in applicable zoning regulations, or relaxation of the
provisions of this article sufficient to mitigate the undue economic hardship. The
Commission shall report such finding and plan to the Planning Department staff. The
Planning Department staff shall cause to be issued an order for such property to be
repaired within the time specified, and according to the provisions of the
recommended plan.
21.7.6~ Appeals
Findings made by the Planning Director or by the Commission may be appealed to the Board of
Adjustment. To perfect such an appeal, a written application must be filed by an aggrieved party
with the Board of Adjustment within ten (10) business days following receipt of the order for
repair of the property or determination. Appeals shall be in the nature of certiorari (review of a
quasi-judicial decision) such that the Board of Adjustment may review the record of the
proceedings before the Planning Director or the Commission (as the case may be) to ensure that
all procedures required by this ordinance have been followed, and to ensure that the decision
appealed from is supported by competent evidence in the record. However, the Board of
Adjustment may not substitute its judgment for that of the Planning Director or the Historic
District Commission unless it concludes that either (i) there has been a procedural error which
has resulted in prejudice to the appellant or (ii) there is no competent evidence in the record to
support the decision. In the event that there is competent evidence in the record which supports
the decision appealed from and competent evidence in the record against the decision, the Board
of Adjustment may not reverse the decision.
21.7.+2 Other Town Powers
Nothing contained within this article shall diminish the Town's power to declare an unsafe
building or a violation of the minimum housing code.
21.7.& 10 Penalties and Remedies
Enforcement of this article may be by anyone (1) or more of the following methods, and the
institution of any action under any of these methods shall not relieve any party from any other
civil or criminal proceeding prescribed for violations and prohibitions.
(a) Equitable Remedy The Town may apply for any appropriate equitable remedy to
enforce the provisions of this article.
(b) Order of Abatement The Town may apply for and the court may enter an order of
abatement. An order of abatement may direct that improvements or repairs be made,
or that any other action be taken that is necessary to bring the property into
compliance with this article. Whenever the party is cited for contempt by the court
and the Town executed the order of abatement, the Town shall have a lien, in the
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nature of a mechanic's and materialman's, on the property for the cost of executing
the order of abatement.
(c) Civil Penalty No civil penalty shall be levied unless and until the Planning
Department shall deliver a written notice by personal service 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 notice shall state that failure to correct the violation within the
specified time period will result in the assessment of civil penalties and other
enforcement action. If after the allotted time period has expired and after the hearing
of an appeal if any by the Board of Adjustment, corrective action has not been
completed, a civil penalty shall be assessed in the amount of one hundred dollars
($100.00) per day of continuing violation.
Section 2.
All provisions of any town ordinance in conflict with this ordinance are repealed.
Section 3.
This ordinance shall become effective upon adoption.
The foregoing ordinance having been submitted to a vote, received the following vote and
was duly adopted this 18th day of November 2002.
Ayes: S
Noes:.B
Absent or Excused: P
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Donna F. Armbrister, Town Clerk
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