Town Issues Notice Of Violation For House Boat

Town Issues Notice Of Violation For House Boat

Town Issues Notice Of Violation For House Boat Featured

By / Local News / Tuesday, 14 July 2020 04:04

By WILLARD KILLOUGH III
Managing Editor

CAROLINA BEACH - A house on a barge was pushed down the Cape Fear River to Carolina Beach in late June. House boats/barges are not permitted in Carolina Beach.
The Town began investigating the house as area residents expressed opposition to the structure.
Recently the Town sent a notice of violation to the owner of the barge and house.
Carolina Beach Planning Director Jeremy Hardison explained earlier this month that, "On Friday the town received a complaint about a house on a barge. The town is investigating it with the ordinance that does prohibit floating homes and defines them as a house built on a floating platform without a means of propulsion.
The town is in the process of determining if it is a registered vessel and does it have propulsion.   The town also, received a text amendment application by the same individual who filled out the complaint form to amend the definition of floating home."
Hardison explained that a local property owner submitted an application to amend the Town's Code of ordinances to further refine the language prohibiting homes on barges such as the one subject to the most recent actions.
Olin Furr, filed a complaint with the Town stating,"CB Ordinance 20-1139 10-4 11,A - The Town shall continue to prohibit the occupancy of Public Trust Waters by floating homes. CBYC... is public trust waters. 10-3 Definitions - Floating Homes means a house built on a floating platform without means of propulsion. We have pictures an video. There is no means of propulsion it s being towed."
That complaint was filed June 26th.
The same individual filed an application to amend the Town Code or Ordinances to address their concern with such floating homes.
Hardison explained the Town is working towards considering the request.
On July 9th, the Town sent a "Notice of Violation" certified letter to CBYC, LLC of Charlotte N.C., titled, "REFERENCE ARTICLE XIII: ZONING AND SITE PLAN APPROVALS & ENCROACHMENTS ON TOWN PROPERTY".
Hardison wrote in the letter, "As you are aware, a complaint was filed on 6/26/20 alleging that a violation of Town Ordinance Chapter 10 sect 10-4 & 10-3 was in existence at your property (Enclosure 1). Specifically, the complainant indicated that "the town shall continue to prohibit the occupation of public trust waters by floating homes". In response to the initial inquiry of the Town's Building Inspector, you provided a Temporary Certificate of Title of Vessel Registration for a Vessel with Hull ID Number NCZ490516805. The HULL ID is stamped on the data plate mounted on the front side of the vessel located at the designated fuel dock at the marina."
He explained, "Section 10-3 defines floating home as "a house built on a floating platform without a means of propulsion". On July 7, 2020, staff conducted an inspection and determined that the vessel with the HULL ID is not a floating home (as defined by Town Code) because it has a means of propulsion. Specifically, it was demonstrated that the vessel with the HULL ID is propelled by two outboard motors. We have informed the complainant of our determinations."
He explained, "Notwithstanding the foregoing, Sec. 40-391 of the Town's Ordinances states that "it shall be unlawful for any person to alter or change a structure or improve land for which a site plan is required except in accordance with the approved plan”. Per the approved plans for the Marina (Enclosure 4), the dock where the vessel with the HULL ID is located is a fuel dock not a boat slip. You must remove the vessel with the HULL ID from the fuel dock no later than July 26, 2020."
Hardison explained Town Staff visited the site on July 7th, 2020 and observed several encroachments on adjacent Town property including a cargo container, boat trailers, debris, construction equipment, vehicles and boats. He explained, "These items must be moved from town property no later than July 26, 2020."
Hardison wrote, "This Notice of Violation is being issued as a for violations which occurred or existed on 7/7/20. The boathouse shall be removed from the designated fuel dock and all encroachments from the Town's property shall be removed prior to July 26, 2020 to avoid
charges or penalties. Should you fail to comply with this Order, a civil charge of $50 for each day of non-compliance will incur beginning on July 26, 2020. Thank you for your cooperation in the matter and if you have any questions, please contact me at. (910)-458-2991 This email address is being protected from spambots. You need JavaScript enabled to view it.. Situations and Conditions shall be remedied no later than July 26, 2020".
He concluded stating that two actions must be taken. 1. Remove the vessel with the HULL ID from the fuel dock 2. Remove encroachments on Town Property.
On Tuesday July 14th, the house had moved into a boat slip within the marina.

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