AGENDA #5h

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Annual Report – Special Use Permit Violations

DATE:             September 7, 2004

This report provides information regarding Special Use Permit violations over the last year.

BACKGROUND

On February 9, 1998, the Town Council requested an annual report regarding Special Use Permit violations.

On June 22, 1998, the Town Council adopted a resolution which specified when the annual report would be provided and the level of detail to be included in the report.  This memorandum provides the requested report.

DISCUSSION

There are three broad categories of Special Use Permit violations:

· Violation of time limits;

· Site Work occurring without the proper permits; and

· Site Work occurring that was not authorized.

We learn about these Special Use Permit violations in several ways:

· Citizens advise us of possible violations; and/or

· Staff discovers violations.

Corrective procedures often involve two steps.  In most cases, we attempt to communicate orally with the property owner or property manager.  If the problem is not remedied, we begin a formal notification process.  The formal notification process involves written notice to the property owner advising the property owner of the nature of the violation, that the violation must stop, the necessary remedial action, the implications of not ceasing, and the appeal process.

Over the past year, there were no formal written notices of violation to Special Use Permit property owners.