In interpreting and applying the provisions of this title, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare; therefore, when this title imposes a greater restriction upon the use of buildings or premises or requires larger open spaces than are imposed or required by other laws, resolutions, rules or regulations, the provisions of this title shall control. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

The primary intent of all enforcement actions described in this chapter is to educate the public, to encourage the voluntary correction of violations, and to protect the public health, safety and welfare. If voluntary compliance fails or is inapplicable in a given case civil and criminal penalties will be used when necessary to ensure compliance with the provisions of this chapter. Criminal charges will be brought only when civil remedies have failed to ensure compliance and all lesser enforcement methods chosen by the department if any have proved futile. Although it is the intent of this section to allow voluntary compliance as an option, the department may proceed to criminal charges on a case-by-case basis to protect public health and safety. (Ord. O-02-25 § 1 (Exh. A))

Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by other rules, regulations, standards, policies, ordinances, contracts, covenants public or private, deeds, or statutes lawfully adopted by Adams County, the provisions of this chapter shall govern and take precedence unless a more stringent code provides a greater protection to the public health and safety. In the case of conflicts between the text, maps and tables of this ordinance, the text shall govern unless otherwise stated. (Ord. O-02-25 § 1 (Exh. A))

It shall be the duty of the building and planning director to determine the applicability of this title for enforcement purposes. All departments, officials and public employees of the county vested with the duty or authority to issue permits, shall conform to the provisions of this title and shall issue no permit, certificate or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by this tile. Any permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be void. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part). Formerly 17.88.030)

A.    It is a violation of this chapter for any person to initiate or maintain, or to cause to be initiated or maintained, any use, alteration, construction, location, or demolition of any structure, land, or property within Adams County without first obtaining permits or authorizations required by this title.

B.    It is a violation of this chapter to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this chapter.

C.    It is a violation of this chapter to misrepresent any material fact in any application, plans, or other information submitted to obtain any land use authorization.

D.    It is a violation for any person to fail to comply with the provisions of this code, to fail to comply with the terms or conditions of a permit issued pursuant to this title, or to fail to comply with any or all notices or orders issued pursuant to this title; the building and planning director or authorized representative may, with the written consent of the owner, enter any building, structure, property or portion thereof at reasonable times to inspect the same in order to determine whether the applicant and/or owner are in compliance with any and all development regulations applicable to the land use permit or proposal submitted by that applicant. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    If written consent of the applicant or owner to enter private property exists and if the planning and building director or authorized representative should find such building, structure, property or portion thereof to be occupied, then the planning and building director or authorized representative shall present identification credentials, state the reasons for the inspection, and request entry.

B.    If written consent of the applicant or owner to enter private property exists and if the planning and building director or authorized representative should find such building, structure, property or portion thereof to be unoccupied, then the planning and building director or authorized representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and request entry. If the planning and building director or authorized representative is unable to locate the owner or such other persons and has reason to believe that conditions therein create an immediate and irreparable land use or safety hazard, the planning and building director or authorized representative may enter to investigate land use violations or safety hazards.

C.    Should the planning and building director or authorized representative be denied written consent to access such private property in order to carry out the purpose and provisions of this chapter, then the planning and building director or authorized representative shall, if entry upon private property is deemed necessary, be required to obtain a lawful search warrant executed by a judge based upon sufficient sworn proof of probable cause prior to entry upon private property.

D.    At such time as the county, through its planning and building director or authorized representative, concludes that the applicant has complied with all development regulations applicable to the applicant’s proposal or application for one or more land use permits the written consent to enter the premises of the applicant for inspection and observation as permitted by this chapter shall immediately expire.

E.    Because there will be circumstances, a complaint or facts where an investigation of real property will be required that does not arise from an existing application or request for one or more land use permits, the planning and building director or authorized representative is permitted to take all lawful steps to investigate those circumstances or facts, including, but not limited to, obtaining a lawful search warrant executed by a neutral magistrate or judge based upon sufficient sworn proof of probable cause prior to entry upon private property. (Ord. O-02-25 § 1 (Exh. A))