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Home My WebLink AboutVA200600010 Other 2006-09-12 VIOLATION REPORT FOR; PERMIT#: VIO-2006-128 INSPECTOR: TMP 00900-00-00-00200 LDG DATE SUBMITED: 06/01/2006 ZONE: RA VIOLATOR NAME: Shifflett, Paul Timothy BUSSINESS NAME: OWNER NAME: Shifflett, Paul Timothy VIOLATION: SETBACK ACTION TAKEN: ONSITE, LETTER ACTION DATE 6/27/06, 7/14/06 NOTES: 5/26/06-ONSITE w/photos,this violation steems from violation 2005-274 Per the Zoning Mgr a new violation number should be created for the carport that still does not meet side setbacks=Rejected[B2002-1198]and draft a NOV. The carport that has been built adjacent to the side property line[abuttin TMP 9-2C]does not meet side setback requirements of 6'for accessory structures,the structure is only 3'. During my previous onsite visits Mr Shifflett has been informed to either modify the sides or move the carport. He stated on numerous ocassions that he would do so before I began processing civil penalties against the other vioaltion that exist on his property-as of today he has not done so,and no contact has been made to make alternate arrangements 6/2/06-NOV drafted for review,expires 7/10/06 [after holiday] 6/27/06-Conducted another onsite inspection,verify if the structure was still in the same location[the original NOV was rejected and I was out from 6/5/06-6/19/06]. The carport has not been amended in size or relocated to meet setback requirements=submit NOV with new dates. REASSIGNED FROM SANDRA TO LISA 7/14/06-Sent Letter-Deadline 8/14/06. 7/17/06-Mr Shifflett came into office to inquire why he received letter. Explained setback issue again. 7/26/06-Mr Shifflett brought in variance application to reduce side setback so that he can keep his shed. PRINTED: 9/12/2006 7:55:43 AM Page 1 of 1 r - VIOLATION REPORT FOR; PERMIT#: VIO-2005-274 INSPECTOR TMP 00900-00-00-00200 LDG DATE SUBMITED: 11/30/2005 ZONE: RA VIOLATOR NAME: Shifflett, Paul Timothy BUSSINESS NAME: OWNER NAME: Shifflett, Paul Timothy VIOLATION: TRASH/REFUSENEHICLE(S)/INOPERABLE ACTION TAKEN: ONSITE, LETTER, CIVIL ACTION DATE 6/27/06, 12/13/05, 7/7/06 NOTES: 11/29/05-ONSITE,photos taken of junk yard conditions,consisting of mostly inoperative vehicles and camper trailers(RV's). There were two antique vehicles-wht Ford truck and blue Ford mustang that were licensed accordingly. I made contact with the tenant-she was not the owner-who informed that the owner, Mr. Shifflett was not at home. I inquired about the vehicles and explained the complaint. She stated that she would give the information to Mr.Shifflett and be sure to let him know I stopped by. I gave her my business call and informed her to have MR.Shifflett give me a call as soon as possible. If I do not receive a call within two weeks I will proceed with NOV. 12/12/05-No calls/contact has been made on behalf of this property. I left a message and no response has been received,thus a NOV will be drafted. 12/13/05-NOV drafted for ZET review 12/14/05-Received a phone call from Mr.Shifflett He would like to meet with me to discuss the camper trailer standards as an inoperable vehicle. He stated that he is using it for storage-which is not a permitted use. In addition, he claims that he has removed one of the inops (the blue sedan), installed farm license plates on the other blue truck(under the carport),and covered the other two mops(which are his sons) He would you like to join me for the re-inspection visit 12/29/05-complainant(R/P)UM.stating that the trailers(RV's)and sheds are being utilized as dwellings. The R/P is concerned with the alleged illegal activity that is occurring at these dwellings. The complainant also stated there is prostitution and drugs present nightly in the accessory structures to the main dwelling. Furthermore,the R/P claims that the R/O is running electricity from the main dwelling to the structures without proper approval (This message was retrieved on Friday 1/6/06-vacation) 1/9/06-Returned call from R/P;we discussed the specifics of the alleged violations I advised the R/P that they needed to contact the authorities regarding the criminal suspicions. I also informed the R/P that I would contact the building inspectors to investigate the buildings and electrical concerns and the ACPD for assistance on my next site visit 1/10/06-Met w/ACPD(Morris),we review the violation and the possible implications of the alleged criminal activities. There are some concerns with the allegations and the possibility of the accessory structures being utilized as dwellings-it was concluded that this case should be a joint enforcement effort of the ACPD and Zoning. We scheduled a tentative onsite visit for Friday 1/20/06 @ 10:00am I will make contact with the R/O to arrange the visit. 1/20/06-ONSITE @ 10.40am with S W.and ACPD(Officer Morris);we met with Mr.Shifflett and his two sons. He granted access to all of the structures/dwellings on the property and the rear of the parcel. The following was observed, •[J(2)Camper trailers:one of which had valid license/inspection tags-parked behind the blue shed,the other camper is parked to the rear of the parcel and is being utilized as storage-which is not a permitted use. Mr. Shifflett has requested to transfer the inoperative camper into a storage shed if permissible, he will remove the axle/tires, • 1(7)Inoperative vehicles a blue jeep and red compact car parked behind a large shed,a blue p/u truck parked behind the(illegal)second dwelling unit,a blue p/u truck parked underneath the carport at the front of the house;a trailer that has been modified into a plexi-glass mobile green house,and an unattached trailer parked by the carport, •[7(1)Illegal structure:which has been converted into a dwelling located to the rear of the main house-it has an open building permit(1995- 1481NNR)as an accessory building/storage NOT A DWELLING; •[[(2)Vehicles that contained Antique license plates-a blue 1965 Ford Mustang and a white 1964 Ford P/U truck and(2)inoperative vehicles that were covered to the rear of the property near the registered camper trailer. I advised Mr Shifflett that I would have to conduct some research on the 2nd dwelling because he stated that he had a B/P(approval)that was never closed out. This dwelling contained 2 bedrooms,a kitchen and a bathroom, but none of the amenities were ever hooked up because he did not receive a CO In addition, I informed Mr Shifflett that he would need to begin the process of removing all of the mops, with the exception of the two that were covered and the two antique vehicles Furthermore,all of the illegal accessory structures/campers/trailers would have to go as well Mr.Shifflett stated that he wanted to work with the COB to bring his property into compliance-but he would need some additional time to remove the vehicles The wet weather has made it difficult for him to remove the vehicles from the rear of his property. 1/26/06-ZET mtg;discuss request from R/O to transition one of the camper trailers into an storage and or an accessory structure if they remove the under carriage(axle and wheel base), R/O has also modified BP1995-1481NNR from an accessory structure to an actual dwelling unit-what do we do next(FZ was issued on 10/8/01 and FZ's on 9/14/01);violation pending further investigation PRINTED: 9/12/2006 7:56:11 AM Page 1 of2 r . VIOLATION REPORT FOR; PERMIT#: VIO-2005-274 INSPECTOR: TMP 00900-00-00-00200 LDG 1/31/2006-Per VA-'We will go with the building code. Jay usually wants the applicant to supply something from the manufacturer that says how to go about doing it so it meets the code (Remove the axle and use what or how to make the body permanent on the new foundation) Zoning can permit this for storage only-no human habitation. 2/6/06-ONSITE scheduled,no change in the property Mr Shifflett was not available at the time of this visit I will reschedule another onsite appointment 2/15/06-ONSITE w/SW, I created hand written inspection tickets to close out the building permits that were still open on the property; FZ inspection rejected for B2002-1198(carport)because it did not meet min front or side setback requirements; FZ inspection approved for B1995-1303AR(enclose back porch), FZ inspection still pending for B1995-1481 (storage building/accessory structure)because the permit has been amended. This structure has been converted into a dwelling unit, but it passed FZ inspection back in 2001 We advised Mr Shifflett that he needed to continue to remove the mops on his property and or cover the(2)he is allowed to keep before the net visit, he needs to relocate/remove the carport to meet the min setbacks;he ca not use the accessory structure(b1995-1481)as a dwelling, and he must get rid of all of the trailers/campers that are being used as storage 2/16/06-Mr. Shifflett came into the COB to discuss the carport and accessory structure. He stated that he received approval to build both of them from the county and at no time did anyone advise him that there was a problem with either one them during the inspection processes He stated that he does not intend to move the carport, nor does he feel it is right to only permit the 2nd dwelling as storage He intends on trying to find all of his paperwork from the county to prove otherwise. However,he did admit to the fact that the permission that was granted for the second dwelling was based on the premise that he would be moving in the existing house/dwelling after the second one was complete (which is what the Health Dept paperwork stated). I will investigate B1995-1481 with ZET,but in the meanwhile,the carport must be relocated/removed and the junk yard conditions must be corrected. 3/16/06-ONSITE scheduled w/SW,after review of the carport permit w/ZA's it was determined that the structure does not have to meet front yard setbacks,only"6'feet from any lot line". We informed Mr. Shifflett and he stated that he would move the carport from off of the adjacent (side)property line to meet the setback of 6' Permit#B1995-1481 for the structure that has been turned into a dwelling is now being used as storage-there is no kitchen or plumbing Mr Shifflett has been advised that he cannot under any circumstances utilize this structure as a dwelling or temporary guest cottage at any time. All of the mops have been removed,the only corrective items remaining to bring the property into compliance are;the carport(side setback)and the trailer that has been converted into a"green house" Mr Shifflett has worked with the county very well in trying to bring his property into compliance. He was granted until the end of the month to have the trailer moved/registered and the carport relocated 4/12/06-ONSITE, no photos, no change-proceed with CPP The carport still impedes on the side setback by 3'and there are still(2)mops on the property(blue truck and a trailer) 4/21/06-CPP#1 submitted for review to ZET-CAO approval 5/12/06-Reviewed Attachment A for CPP#1 -returned to Z/T 5/26/06—ONSITE w/photos,the inoperative trailer that was located at the rear of the carport has been removed; however,the blue inop truck remains and an additional inop has been added-red Jeep. Continue with next CPP Per the Zoning Mgr a new violation number should be created for the carport that still does not meet side setbacks=Rejected[B2002-1198]and drafted NOV(reference violation number 2006-128) 6/2/06—CPP#2 submitted 6/27/06-ONSITE w/photos no change in property(mops still remain,blue trcuk, red jeep and trailer); no contact has been made from the owner. I left another business card with a tenant of the house-unknown and requested for Mr.Shifflett to get in touch with the Zoning Mgr asap. This is also in reference to the subsequent violation regarding the carport that does not meet setbacks[vio-2006-0128]. Proceed with processing another CPP 7/7/06-CPP#3 submitted REASSIGNED FROM SANDRA TO LISA 8/22/06-Reviewed warrant in debt for initial,2nd and 3rd packets-inspection dates 4/12/06, 5/26/06 and 6/27/06-fine$600. PRINTED 9/12/2006 7:56:11 AM Page 2 of 2 County of Albemarle Community Development Department,Central on County i`'1 �.l l Operations Division 401 McIntire Road Charlottesville,VA 22902-4596 Building Application Voice:(434)296-5832 Fax:(434)972-4126 PARCEL/ OWNER INFORMATION 'STREET ADDRESS TMP 00900-00-00-00200 Acres 2.710 House # Street Name Apt/Suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas City/State DYKE VA ZIP 22935- Total Fees Total Payments $ 70.50 -- Parcel in Entrance Corridor Overlay? No TMP is Inactive? No Part Of? ❑ APPLICATION INFORMATION Add Application » Application C B199501303AR Address Date Entered: 08/30/1995 199501481 N N R 1532 SIMMONS GAP RD DYKE B200201198NNR Building Permit Existing Bldg Appl #,[199501303AR. Application Type Addition or alteration to any type of dwelling Commercial? Residential? ❑ Work Valuation $ $ 500.00 Comments. Amendment Description. Last Amendment Date Special Conditions?❑ APPLICATION CONTACT INFORMATION Add Contact» Contact Type Owner/Applicant Name Street Address rRT 1 BOX 12 City DYKE„VA Zip Code i - State Phone # (804) 978-7739 Fax # ( ) - Work/Cell # ( ) - E-mail sal Contratctpr„Gontas ,G nl .�, Mopted j9r 1 NO CONTRACTOR SELECTED Contractor# ®f 00736 State Registry# State C FMIR . BUILDING APPLICATION STATUS INFORMATION Add Status >: Status Status Date Approved Approved Issued 09/07/1995 '{•�' County of Albemarle Community Development Department,Central 1' Operations Division 401 McIntire Road Charlottesville,VA 22902-4596 Building Application Voice:(434)296-5832 Fax.(434)972-4126 PARCEL/ OWNER INFORMATION STREET ADDRESS TMP 00900-00-00-00200 Acres 2.710 House Street Name Apt/Suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas City/State DYKE VA Zip 22935- Total Fees Total Payments $ 165.44 Parcel in Entrance Corridor Overlay?� No I TMP is Inactive? NO Part Of? ❑ APPLICATION INFORMATION Add Application » Application Date Entered: 10/04/1995 B199501303AR Address 199501481 N N R 1532 SIMMONS GAP RD DYKE B200201198NNR Building Permit Existing Bldg Appl # 501481N Application Type Storage building/accessory structure (new or alteration) Commercial? Residential? ❑ Work Valuation $ $ 30,000.00 Comments. STORAGE USE ONLYEC AGREEMENT Amendment Description Last Amendment Date Special Conditions?[] APPLICATION CONTACT INFORMATION Add Contact» Contact Type Owner/Applicant Name 1 Street Address HCR 1, BOX 12 City DYKE, VA Zip Code - State Phone # (804) 978-7739 Fax # ( ) - Work/Cell # ( ) - E-mail ;,for addin•zji GQn ccc),Qr CQnta t 91 >,.-,,Contra or 1 NO CONTRACTOR SELECTED Contractor # State CI State Registry BUILDING APPLICATION STATUS INFORMATION Add Status >> Status Status Date Approved Approved Issued 11/14/1995 BUILDING APPLICATION STATUS INFORMATION Add Status Status Status Date Approved Approved _-.- 4-W Issued 07/02/2002 Community Development Department,Central county of Albemarle Operations Division BuildingApplication 401 McIntire Road Charlottesville,VA 22902-4596*ram Pp Voice:(434)296-5832 Fax.(434)972-4126 PARCEL/OWNER INFORMATION STREET ADDRESS TMP 00900-00-00-00200 Acres 2,710 House Street Name Apt/Suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas City/State DYKE VA Zip 22935- Total Fees Total Payments $45.25 Parcel in Entrance Corridor Overlay?? No Part Of? ❑ No TMP is Inactive? APPLICATION INFORMATION Add Application » Application # B199501303AR Address Date Entered: 06/27/2002 199501481 N N R 1532 SIMMONS GAP RD DYKE B200201198NNR Building Permit Existing Bldg Appl # 200201198NNR J Application Type Storage building/accessory structure(new or alteration) Commercial? 1 Residential? ❑ Work Valuation $ $ 2,000.00 Comments: Amendment Descnption. Last Amendment Date Special Conditions? APPLICATION CONTACT INFORMATION Add Contact» Contact Type Owner/Applicant Name Street Address 1532 SIMMONS GAP ROAD City DYKE, VA Zip Code - State L_ Phone # (434) 978-7739 Fax # ( ) - Work/Cell # ( ) - E-mail C -R = 1 NO CONTRACTOR SELECTED Contractor# 0000736 State Registry # State Class Exp ; BUILDING APPLICATION STATUS INFORMATION Add Status » Status Status Date Approved Approved Issued Q7,Q ®U2 Community Development Department,Central Operations County of Albemarle Operations Division � Building Application Voice McIntire Road Charlottesville,VA 22902-4596 Voice:(434)296-5832 Fax:(434)972-4126 PARCEL/OWNER INFORMATION STREET ADDRESS TMP 00900-00-00-00200 Acres 2.710 House # Street Name Apt/Suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas City/State DYKE VA Zip 22935- APPLICATION INFORMATION Application # B200201198NNR Application Type Storage building/accessory structure (new or alteration) Address 1532 SIMMONS GAP RD, DYKE APPLICATION INSPECTION INFORMATION Add a Single Inspection » Entered By: Sandra Johnson on 03/13/2006 No [LNo No Re - Inspection Type Inspection' Status Sched Date Inspector Inspection Date [Final Zoning II M 1Pending HII03/16/2006 IIlUnassigned Final Zoning Yes Pending 03/16/2006 Unassigned Preliminary Zoning No Pending 03/16/2006 Unassigned Inspector's Comments Administration Comments All Applications B199501303AR D� B200201198NNR No 199501481NNR County of Albemarle Community Development Department, Central Operations Division Building Application 401 McIntire Road Charlottesville,VA 22902-4596 r `4 9' PP Voice:(434)296-5832 Fax: (434)972-4126 PARCEL/OWNER INFORMATION .;�,�.. �;• � � :: � .Q=�m_, STREET ADDRESS TMP 00900-00-00-00200 Acres 2.710 House # Street Name Apt/suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas ; City/State DYKE VA Zip 22935- Total Fees Total Payments IM Parcel in Entrance Corridor Overlay? No TMP is Inactive? NO Part Of? El APPLICATION INFORMATION Add Application » Application # Date Entered: 06/27/2002 B199501303AR Address 199501481NNR 1532 SIMMONS GAP RD DYKE B200201198NNR Building Permit Existing Bldg Appl # 200201198NNR Application Type Storage building/accessory structure (new or alteration) Commercial? Residential? Work Valuation $ $2,000.00 Comments: Amendment Description: Last Amendment Date Special Conditions?❑ APPLICATION CONTACT INFORMATION Add Contact >> Contact Type Owner/Applicant Name Street Address 1532 SIMMONS GAP ROAD City DYKE,VA Zip Code - State Phone # (434) 978-7739 Fax # ( ) - I Work/Cell # ( ) - E-mall For adding a Contractor Contact Only> Contractor 1 NO CONTRACTOR SELECTED Contractor# State Class State Registry Expiry Date Central Community Development Department, County of Albemarle OperationsDivision 7,'� Building Application401 McIntire Road Charlottesville,VA 22902-4596 Voice:(434)296-5832 Fax:(434)972-4126 PARCEL/OWNER INFORMATION ,.,• v p.' STREET ADDRESS TMP 00900-00-00-00200 Acres 2.710 ; House # Street Name Apt/Suite 1532 SIMMONS GAP RD Current SHIFFLETT, PAUL TIMOTHY Owner(s) Major Subdiv. Acreage Primary Zoning Rural Areas City/State DYKE VA Zip 22935- APPLICATION INFORMATION Application 411200201198NNR Application Type Storage building/accessory structure (new or alteration) Address 1532 SIMMONS GAP RD, DYKE APPLICATION INSPECTION INFORMATION Add a Single Inspection » Entered By. Sandra Johnson on 03/13/2006 No [No No Re - Inspection Type Inspection? Status Sched Date Inspector Inspection Date Final Zoning N Pending 1[03/16/2006 J(Unassigned J L Final Zoning Yes Pending 03/16/2006 signed Preliminary Zoning No Pending 03/16/2006 Inassigned Inspector's Comments Administration Comments All Applications B199501303AR --� B200201198NNR No l No"' 199501481NNR ----------------------------------------- --- 5 2,4/06 PZ f eJ Pc f 9c SY VIO-2005-274 11/29/05 - ONSITE; photos taken of junk yard conditions, consisting of mostly inoperative vehicles and camper trailers (RV's). There were two antique vehicles-wht Ford truck and blue Ford mustang that were licensed accordingly. I made contact with the tenant-she was not the owner-who informed that the owner, Mr. Shifflett was not at home. I inquired about the vehicles and explained the complaint. She stated that she would give the information to Mr. Shifflett and be sure to let him know I stopped by. I gave her my business call and informed her to have MR. Shifflett give me a call as soon as possible. If I do not receive a call within two weeks I will proceed with NOV. 12/12/05 -No calls/contact has been made on behalf of this property. I left a message and no response has been received, thus a NOV will be drafted. 12/13/05 -NOV drafted for ZET review 12/14/05 - Received a phone call from Mr. Shifflett. He would like to meet with me to discuss the camper trailer standards as an inoperable vehicle. He stated that he is using it for storage-which is not a permitted use. In addition, he claims that he has removed one of the Mops (the blue sedan), installed farm license plates on the other blue truck(under the carport), and covered the other two Mops (which are his sons). He would you like to join me for the re-inspection visit. 12/29/05 - complainant(R/P) L/M: stating that the trailers (RV's) and sheds are being utilized as dwellings. The R/P is concerned with the alleged illegal activity that is occurring at these dwellings. The complainant also stated there is prostitution and drugs present nightly in the accessory structures to the main dwelling. Furthermore,the R/P claims that the R/O is running electricity from the main dwelling to the structures without proper approval. (This message was retrieved on Friday 1/6/06-vacation) 1/9/06 - Returned call from R/P; we discussed the specifics of the alleged violations. I advised the R/P that they needed to contact the authorities regarding the criminal suspicions. I also informed the R/P that I would contact the building inspectors to investigate the buildings and electrical concerns and the ACPD for assistance on my next site visit. 1/10/06 - Met w/ACPD (Morris), we review the violation and the possible implications of the alleged criminal activities. There are some concerns with the allegations and the possibility of the accessory structures being utilized as dwellings-it was concluded that this case should be a joint enforcement effort of the ACPD and Zoning. We scheduled a tentative onsite visit for Friday 1/20/06 @ 10:00am. I will make contact with the R/O to arrange the visit. 1/20/06 - ONSITE @ 10:40am with S.W. and ACPD (Officer Morris); we met with Mr. Shifflett and his two sons. He granted access to all of the structures/dwellings on the property and the rear of the parcel. The following was observed; • (2) Camper trailers: one of which had valid license/inspection tags-parked behind the blue shed, the other camper is parked to the rear of the parcel and is being utilized as storage-which is not a permitted use. Mr. Shifflett has requested to transfer the inoperative camper into a storage shed if permissible, he will remove the axle/tires; • (7) Inoperative vehicles: a blue jeep and red compact car parked behind a large shed, a blue p/u truck parked behind the (illegal) second dwelling unit, a blue p/u truck parked underneath the carport at the front of the house; a trailer that has been modified into a plexi-glass mobile green house, and an unattached trailer parked by the carport; • (1) Illegal structure: which has been converted into a dwelling located to the rear of the main house-it has an open building permit(1995-1481NNR) as an accessory building/storage NOT A DWELLING; • (2) Vehicles that contained Antique license plates-a blue 1965 Ford Mustang and a white 1964 Ford P/U truck and (2) inoperative vehicles that were covered to the rear of the property near the registered camper trailer. I advised Mr. Shifflett that I would have to conduct some research on the 2nd dwelling because he stated that he had a B/P (approval) that was never closed out. This dwelling contained 2 bedrooms, a kitchen and a bathroom, but none of the amenities were ever hooked up because he did not receive a CO. In addition, I informed Mr. Shifflett that he would need to begin the process of removing all of the imps, with the exception of the two that were covered and the two antique vehicles. Furthermore, all of the illegal accessory structures/campers/trailers would have to go as well. Mr. Shifflett stated that he wanted to work with the COB to bring his property into compliance-but he would need some additional time to remove the vehicles. The wet weather has made it difficult for him to remove the vehicles from the rear of his property. 1/26/06 - ZET mtg; discuss request from R/O to transition one of the camper trailers into an storage and or an accessory structure if they remove the under carriage (axle and wheel base); R/O has also modified BP1995-1481NNR from an accessory structure to an actual dwelling unit-what do we do next (FZ was issued on 10/8/01 and FZ's on 9/14/01); violation pending further investigation 1/31/2006 - Per Z/A - "We will go with the building code. Jay usually wants the applicant to supply something from the manufacturer that says how to go about doing it so it meets the code. (Remove the axle and use what or how to make the body permanent on the new foundation) Zoning can permit this for storage only-no human habitation. 2/6/06 - ONSITE scheduled; no change in the property. Mr. Shifflett was not available at the time of this visit. I will reschedule another onsite appointment. 2/15/06 - ONSITE w/ SW, I created hand written inspection tickets to close out the building permits that were still open on the property; FZ inspection rejected for B2002- 1198 (carport)because it did not meet min front or side setback requirements; FZ inspection approved for B1995-1303AR(enclose back porch), FZ inspection still pending for B1995-1481 (storage building/accessory structure)because the permit has been amended. This structure has been converted into a dwelling unit, but it passed FZ inspection back in 2001. We advised Mr. Shifflett that he needed to continue to remove the imps on his property and or cover the(2)he is allowed to keep before the net visit; he needs to relocate/remove the carport to meet the min. setbacks; he ca not use the accessory structure (b1995-1481) as a dwelling, and he must get rid of all of the trailers/campers that are being used as storage. 2/16/06 - Mr. Shifflett came into the COB to discuss the carport and accessory structure. He stated that he received approval to build both of them from the county and at no time did anyone advise him that there was a problem with either one them during the inspection processes. He stated that he does not intend to move the carport, nor does he feel it is right to only permit the 2nd dwelling as storage. He intends on trying to find all of his paperwork from the county to prove otherwise. However, he did admit to the fact that the permission that was granted for the second dwelling was based on the premise that he would be moving in the existing house/dwelling after the second one was complete (which is what the Health Dept paperwork stated). I will investigate B1995- 1481 with ZET, but in the meanwhile, the carport must be relocated/removed and the junk yard conditions must be corrected. 3/16/06 - ONSITE scheduled w/ SW, after review of the carport permit w/ZA's it was determined that the structure does not have to meet front yard setbacks, only "6'feet from any lot line". We informed Mr. Shifflett and he stated that he would move the carport from off of the adjacent (side) property line to meet the setback of 6'. Permit# B 1995- 1481 for the structure that has been turned into a dwelling is now being used as storage- there is no kitchen or plumbing. Mr. Shifflett has been advised that he cannot under any circumstances utilize this structure as a dwelling or temporary guest cottage at any time. All of the imps have been removed, the only corrective items remaining to bring the property into compliance are; the carport (side setback) and the trailer that has been converted into a "green house". Mr. Shifflett has worked with the county very well in trying to bring his property into compliance. He was granted until the end of the month to have the trailer moved/registered and the carport relocated. 4/12/06 - ONSITE, no photos, no change-proceed with CPP. The carport still impedes on the side setback by 3' and there are still (2) inops on the property (blue truck and a trailer) 4/21/06 - CPP#1 submitted for review to ZET- CAO approval 5/12/06 - Reviewed Attachment A for CPP #1 -returned to Z/T 5/26/06—ONSITE w/photos, the inoperative trailer that was located at the rear of the carport has been removed; however, the blue imp truck remains and an additional imp has been added-red Jeep. Continue with next CPP. Per the Zoning Mgr a new violation number should be created for the carport that still does not meet side setbacks=Rejected [B2002-1198] and drafted NOV (reference violation number 2006-128). 6/2/06—CPP #2 submitted 6/27/06 - ONSITE w/photos no change in property (inops still remain, blue trcuk, red jeep and trailer); no contact has been made from the owner. I left another business card with a tenant of the house-unknown and requested for Mr. Shifflett to get in touch with the Zoning Mgr asap. This is also in reference to the subsequent violation regarding the carport that does not meet setbacks [vio-2006-0128]. Proceed with processing another CPP. 7/7/06 - CPP #3 submitted ************************************************************************ ************************************************************************ ******************* REASSIGNED FROM SANDRA TO LISA ************************************************************************ ************************************************************************ ******************* 8/22/06 - Reviewed warrant in debt for initial, 2nd and 3rd packets - inspection dates 4/12/06, 5/26/06 and 6/27/06 - fine $600. COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 FAX(434)972-4126 TELEPHONE(434)296-5832 TTD(434)972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is July 14, 2006. No: VIO-2006-128 CERTIFIED MAIL# 7000 0600 0025 9074 3056 Shifflett, Paul Timothy 1532 Simmons Gap Rd Dyke, VA 22935 Property: 00900-00-00-00200 Same as above Tax Map and Parcel Number Owner of Record Zoning: Rural Areas [RA] District You are hereby notified that after an investigation of the above-described property, the Zoning Administrator has determined that the following constitutes a violation of the Albemarle County Zoning Ordinance. This conclusion is based on the following facts that were noted on June 27, 2006: The detached structure located on the side front yard of the primary dwelling does not meet the minimum side yard setback requirements for an accessory structure. This represents a violation of the following section(s) of Albemarle County Zoning Ordinance: Accessory Use, Building or Structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure. (Amended 10-9-02) 4.11.2.1 ACCESSORY STRUCTURES No structure shall be permitted in an easement in a way that adversely affects the easement. Accessory structures shall be erected no closer than six (6) feet to adjacent lot lines or, in the case of an alley easement or right-of-way or shared driveway easement, no closer than three (3) feet to the edge of the alley easement or right-of-way or the shared driveway easement. The director of planning and community development may authorize an accessory structure to be located closer to the edge of an alley easement or right-of-way if the director determines that, based upon the written = 'lO-2006-128 raga recommendation of the county engineer, the proposed design incporates or of adequate features that assure public safety and welfare. The county engineer shall consider the p p access to required onsite parking and/or garages, unimpeded esdeemedr circulation ircu a ionate longor the alley, e an adequate clear zone along the alley, and other safety conditions. e. In rds This use, activity or condition is not a nonconforming use or itrviolateshor it not eligible to , the use or structure did not lawfully exist prior to the zoning regulations that attain non-conforming status. s e or ntrary Section 36.1: "Any building erected contrary to anyof iss the uance alslons of special user permtaorcappro�al of to any condition imposed upon any conditional rezoning, ispined site plan, and any use of any building or land which is conducted, operated ormaint ra on ng,n ra yn e ofany a of the provisions of this ordinance or any condition imposed upon any conditional special use permit or approval of a site plan, shall be a viola ion m on tf hiseondinance and the mandamus, is hereby declared to be unlawful. The zoning administrator laction to prevent, enjoin, abate or remove such abatement, criminal warrant or any other appropriate erection or use in violation of any provision of this ordinance." t does You are hereby ordered to cease and desist from building any Your failure to complyry structure t�ath this order not the minimum setback requirement to the property immediately. may result in legal action being taken against you. accessory ure , so You are also hereby ordered by August 14 �de6 �to haverelocate the propertyt n compliance trAnt inspection that it meets the minimum setback requiremen in o will be conducted after this date to determine whether or not the violation still exists. Your timely compliance with this order does not excuse the violation cited herein and does not preclude the County from pursuing fiurther legal action for these violations. If you are aggrieved by this determination, you have a right toappeal it withinof the Code0)o a Virginia the date notice of this determination is given, in accordance with Section If ou do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be y taken only by filing with the Zoning Administrator andh B must be gompleted and along with ce of appeal which specifies the grounds for the appeal. An appeal application the fee of$1 20. If you have any questions, please contact Lisa Green at 434-296-5832, extension 3013. ljt/M:(--. 62-r-D . S - Janice D. Sprinkle Deputy Zoning Administrator County of Albemarle, Virginia Cc: Reading File VIO-2006-128 yoF Al./u,t Of.Tt7� COUNTY OF ALBEMARLE Community Development Department 401 Mclntire Road,Room 227 Charlottesville,Virginia 22902-4596 FAX(434)972-4126 TELEPHONE(434)296-5832 TTD(434)972-4012 WHAT HAPPENS AFTER THE NOTICE OF VIOLATION: The County's goal is voluntary compliance. If you come into compliance by the deadline cited in your letter, no further action will be taken against you. However, if you do not come into compliance and/or make significant progress towards compliance within either thirty (30) days or the deadline cited in the letter (whichever is longer), the County may proceed a warrant in debt action in Albemarle County General District Court seeking civil penalties. The warrant in debt will be served by the Sheriff's Department. Depending on the nature of the zoning violation cited, the first civil penalty will be $200. Each civil penalty that follows is $500. The County may issue a civil penalty once every ten (10) days until the property comes into compliance. Within three months, it is possible that a property in violation could be fined as much as $4,200. Paying the civil penalties does not allow the zoning violation to continue. The County may continue seeking civil penalties as often as every 10 days until the property comes into compliance with the Zoning Ordinance. Created on 4/20/2006