TOWN OF CHAPEL HILL
April 15, 2003 Certified Letter Receipt No:
7001 2510 0005 0267 6271
(first-class mail and posted)
Grace Torres & Wayne Poerio
119 Christine Court
Chapel Hill, NC 27516
Subject: Final Written Notice of Zoning and State Statute Violations:
119 Christine Court: File No. 7.170..13
Dear Ms. Torres and Mr. Poerio,
This notice is to advise you of the violations of the Town’s Zoning Ordinance and of State Statutes at your property located at 119 Christine Court. The violations are a direct result of the construction of the unfinished second floor of the home on this property for occupancy. All alterations to the second floor following the issuance of your Certificate of Occupancy must be removed and returned to the approved conditions immediately.
A Stop Work Order has been issued for the property located specifically at Tax Map No: 7.170..13. On April 3, 2003 the above-subject structure was posted with the Stop Work Order pursuant to State Statue 160A-421 for structural, electrical, plumbing, and mechanical construction without a Building Permit. The violation of a stop order shall constitute a Class 1 Misdemeanor. You are subject to penalties and remedies as permitted in General Statute 160A-421 (attached).
The initial inspection and subsequent research has confirmed that the second floor of the house located at 119 Christine Court was to remain unfinished space until September 26, 2003 (one year from the date of issuance of the Certificate of Occupancy) per the approved Zoning Compliance Permit for the neighborhood. Our records indicate that the Inspections Department, Planning Department, and Town Council have informed you that you are not permitted to alter the use of the second floor until such a time that the Zoning Compliance Permit for that work is obtained. The inspection on April 3, 2003 confirmed that the second floor has been finished and is being carpeted. The following conditions must be met to comply with the Town of Chapel Hill Land Use Management Ordinance:
- Obtain a Demolition Permit from the Inspections Department by submitting the necessary application and plans, and
- Remove and detach all construction that has altered the second floor of the structure since C.O., and
- Obtain approved final inspections for Electrical, Plumbing, Mechanical, Building, and Zoning from the Inspections Department.
The property is in violation of the conditions of approval of the Parkside II Preliminary Plat, the Final Plat and the Zoning Compliance Permit, and Section 4.9 of the Town of Chapel Hill Land Use Management Ordinance. Should the property continue to be in violation on May 12, 2003 you will be subject to civil penalties and remedies as permitted in Section 4.13.4 of the Land Use Management Ordinance (attached).
Note that the determination of Zoning Violation may be appealed to the Board of Adjustment in accordance with Section 4.10 of the Land Use Management Ordinance (attached). An application must be filed within 30 days of the delivery of this written notice. If you have questions about appeal process, please contact the Planning Department at 968-2728.
It will be necessary to have the existing structure inspected by the Town of Chapel Hill Inspections Department prior to continuing any demolition/construction. Feel free to contact me at 968-2718 with any questions regarding compliance or to schedule the final site visit.
Sincerely,
C. Maggie Bowers
Senior Code Enforcement Officer
cc: Lance Norris, Director of Inspections
Roger Waldon, Planning Director
Attachments
Excerpts from Chapel Hill’s Land Use Management Ordinance
February 17, 2003
4.9 Zoning Compliance Permit
4.9.1 Applicability
(a) Except as otherwise specifically provided in this Chapter, it shall be unlawful to begin any excavation, removal of soil, clearing of a site, or placing of any fill on lands contemplated for development, or to begin any construction, moving, alteration, or renovation, except for ordinary repairs, of any building or other structure, including accessory structures and signs, until the Town Manager has issued for such action a Zoning Compliance Permit, certifying that such development complies with the applicable provisions of this Chapter.
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4.13.4 Penalties and Remedies
(a) Any violation of any provision of any Article of the Chapel Hill Land Use Management Ordinance shall constitute a misdemeanor and shall subject the violator to a penalty of five hundred dollars ($500.00) or imprisonment for not more than 30 days.
(b) Any act constituting a violation of this Chapter shall also subject the offender to a civil penalty of one hundred dollars ($100.00). If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Town in a civil action in the nature of a debt. A civil penalty may not be appealed to the Board of Adjustment if the offender received a final written notice of violation and did not appeal to the Board of Adjustment within the time limit prescribed in Section 4.10 of this Chapter.
(c) Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.
(d) In addition to the penalties and remedies above, the Town Manager may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Chapter.
4.10.1 Applicability
(a) Any decision of the Town Manager made in the administration of the provisions of this Chapter may be appealed to the Board of Adjustment by any person aggrieved by such decision. Any decision of the Planning Board in granting or denying site plan approval may be appealed to the Board of Adjustment as a new case. Any decision of the Historic District Commission in granting or denying a Certificate of Appropriateness may be appealed to the Board of Adjustment and shall be reviewed on the record. Any decision of the Community Design Commission may be appealed to the Board of Adjustment as a new case.
(b) An application for appeal shall be filed within thirty (30) days of the filing of the decision being appealed or the delivery of any required written notice of the decision, whichever is later.
4.10.2 Stay of Further Action
An appeal to the Board of Adjustment stays all actions seeking enforcement of, or compliance with, the decision being appealed, except where the Town Manager certifies to the Board of Adjustment that, based on findings stated in the certificate, a stay would cause imminent peril to life or property, or that because the situation appealed from is transitory in nature, an appeal would seriously interfere with enforcement of this Chapter.
4.10.3 Procedures for Appeals
In the case of applications for appeal, the Applicant shall bear the burden of presenting evidence sufficient to establish conclusively that there is an error in the determination of the Town Manager. A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing.
§ 160A-421. Stop orders.
(a) Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, or in substantial violation of any State or local building law, or in a manner that endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediately stopped. The stop order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefore, and the conditions under which the work may be resumed.
(b) The owner or builder may appeal from a stop order involving alleged violation of the State Building Code or any approved local modification thereof to the North Carolina Commissioner of Insurance or his designee within a period of five days after the order is issued. Notice of appeal shall be given in writing to the Commissioner of Insurance or his designee, with a copy to the local inspector. The Commissioner of Insurance or his designee shall promptly conduct an investigation and the appellant and the inspector shall be permitted to submit relevant evidence. The Commissioner of Insurance or his designee shall as expeditiously as possible provide a written statement of the decision setting forth the facts found, the decision reached, and the reasons for the decision. Pending the ruling by the Commissioner of Insurance or his designee on an appeal no further work shall take place in violation of a stop order. In the event of dissatisfaction with the decision, the person affected shall have the options of:
(1) Appealing to the Building Code Council, or
(2) Appealing to the Superior Court as provided in G.S.
143-141.
(c) The owner or builder may appeal from a stop order involving alleged violation of a local zoning ordinance by giving notice of appeal in writing to the board of adjustment. The appeal shall be heard and decided within the period established by the ordinance, or if none is specified, within a reasonable time. No further work shall take place in violation of a stop order pending a ruling.
(d) Violation of a stop order shall constitute a Class 1 misdemeanor. (1969, c. 1065, s. 1; 1971, c. 698, s. 1; 1983, c. 377, s. 5; 1989, c. 681, s. 6; 1991, c. 512, s. 3; 1993, c. 539, s. 1091; 1994, Ex. Sess., c. 24, s. 14©.)