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Planning board recommends UDO change to allow fining contractors for land-use violations
Summary
The Emerald Isle Planning Board voted July 27 to recommend a text amendment to UDO section 9.2 clarifying that contractors, as well as property owners and tenants, 'may' be fined for future land-use violations. The change gives the planning director discretion to assess fines on a case-by-case basis.
The Emerald Isle Planning Board voted July 27 to recommend that the town commissioners amend Unified Development Ordinance (UDO) section 9.2 so contractors — not only property owners — can be fined for future land-use violations.
Staff explained the amendment would add language to allow the planning director discretion in deciding whether a contractor should be fined in a particular case. “The proposed amendment…uses the word 'may' as this would give the planning director the capability to decide if the property owner [or] contractor should be fined depending on the situation at hand,” staff said.
Board members discussed whether the change should use mandatory or discretionary language; staff and members favored 'may' to allow case-by-case investigation rather than automatic penalties. A member proposed a minor phrasing edit to the sentence; the maker of the motion read the amended language aloud as: “Fines may be incurred by the owner of a property and or the contractor that performed the noncompliant work.” The motion to recommend the amended language to the board of commissioners was seconded and passed with no opposing votes.
Supporters said the amendment is consistent with the comprehensive plan and could deter future violations. Staff cautioned the amendment would apply only to violations that occur after the ordinance change. The board recommended the change be forwarded to the commissioners for formal consideration.
