A.

The city planner is authorized and directed, on behalf of the city council of the city, to administer and enforce this title. Such authority shall include the right to order, in writing, the remedy of any condition found in violation of this title, and the right to bring legal action in all courts of competent jurisdiction to ensure compliance with its provisions, including injunction, mandamus, abatement or other appropriate action or proceeding.

B.

The powers and duties of the city planner include:

1.

Examining and approving applications pertaining to the use of land, buildings or structures when the applications conform with provisions of this title;

2.

Authorizing issuance by the city of all building permits and certificates of occupancy, and keeping permanent records thereof;

3.

Conducting such inspections of buildings, structures and uses of land as are necessary to determine compliance with the provisions of this title;

4.

Maintaining permanent and current records of this title, including maps and amendments.

C.

If the city planner shall find that any of the provisions of this title are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

The city planner shall have the power to grant variances (except for density and use variances) from the development standards of this title where, in his/her opinion, the intent of this title can be achieved and equal performance obtained by granting a variance. The authority to grant the variances shall be limited to variances from the following requirements:

A.

Front yard, side yard, or rear yard—Variance not to exceed two feet;

B.

Height—Variance not to exceed fifteen feet, provided that no increase in the height for a sign may be granted nor may the variance result in an increase in the number of stories than would otherwise be allowed under the applicable zoning district;

C.

Parking under Chapter 17.100 and demarcation of parking spaces—Parking spaces may be left unmarked, provided all of the following conditions are present:

1.

The parking lot must be designated to serve only a multifamily residential project which is designed and intended for rental occupancy.

2.

The parking lots must be designed in relation to the internal circulation system such that the areas reserved for parking are easily identified and clearly distinct from the interior driveways because of their location, design, orientation, or configuration, such as in parking areas with a single interior driveway having parking spaces located perpendicular to and along the sides of the access driveway, allowing the curbing to delineate the exterior dimension of the single parking bay.

3.

Approval for the elimination of the striping has been obtained by the applicant in writing from the fire services division of the Gwinnett County and/or Barrow County fire department.

D.

Accessory Structures Allowed Within the Front Yard. Accessory structures may be allowed within the front yard of residential zoning districts provided all the following conditions are met:

1.

The residentially zoned property contains at least three acres;

2.

The accessory structures are limited to a swimming pool, garage/carport, barn, storage building, or other similar structures;

3.

The accessory structure is set back a minimum of one hundred feet from the right-of-way and located no closer than forty feet to any side property line (If the accessory use is for animal quarters, the setback shall be the same as required within this title.);

4.

The accessory structure shall be screened with walls, fences or suitable landscaping so that it is not visible from the street.

E.

Any other use or requirement which is specifically listed as an administrative variance within any section of this title.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

A.

No building or other structure shall be erected, moved, added to or structurally altered without a building permit issued by the city planner. No building permit shall be issued except in conformance with the provisions of this title and the current building code.

B.

All applications for land disturbance permits and building permits for all uses shall be accompanied by plans, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and the locations on the lot of any existing buildings or structures, the shape, size, height, use and the location on the lot of the building or structure to be erected, moved, added to or structurally altered and such other information as may be necessary to provide for the enforcement of this title. These applications and plans shall conform to the requirements of the development regulations of the city.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

A.

A certificate of occupancy issued by the city is required prior to the use or occupancy of:

1.

Any lot or change in the use thereof;

2.

A building hereafter erected or a change in the use of an existing building;

3.

A change in any lawful nonconforming use. The certificate of occupancy shall state specifically wherein the nonconforming use fails to meet provisions of this title.

B.

No Certificate of Occupancy shall be issued unless the lot or building or structure complies with all the provisions of this title.

C.

A record of all certificates of occupancy shall be kept on file at the city and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.

(Ord. 265A (part), 2001)

A.

The city council shall, by resolution, establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, appeals and other matters pertaining to this title. The schedule of fees shall be posted in the city planner's office at city hall and may be altered and amended by the city council, from time to time, to cover the costs of administration of this title.

B.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

If no substantial construction progress has been made within six months of the date of issuance of the building permit, the permit becomes invalid. The permit may be re-issued only upon completion of the application procedure outlined in Sections 17.130.030 and 17.130.040 of this title.

(Ord. 265A (part), 2001)

Any person, firm or corporation convicted by a court of competent jurisdiction of violating any provision of this title shall be guilty of violating a duly adopted ordinance of the city, and shall be punished either by a fine of not more than one thousand dollars, or by confinement in the county jail for a total term not to exceed sixty days, or both for each violation. Until corrective action is taken by the defendant, each day from the date of notification of the violation shall constitute a separate violation of this title and is subject to separate or cumulative fines for each daily offence without additional daily notification. Citations for violation of this title shall be returned to the municipal court for adjudication.

(Ord. 265A (part), 2001)

The court shall have the power and authority to place any person found guilty of a violation of this title on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the court may require payment of restitution or impose other punishment allowed by law.

(Ord. 265A (part), 2001)

If any building or structure is erected, constructed, moved, added to, demolished, structurally altered, maintained or used in violation of this title, any appropriate authority or any property owner whose property would be damaged by such violation may file a written complaint with the city planner stating fully the causes and basis for the complaints. The city planner shall properly record such complaint, shall immediately investigate, and shall take action thereon as provided by this title. Nothing in this title shall, however, prevent the city or any person from instituting injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land.

(Ord. 265A (part), 2001)

(Ord. No. 08-016, § 1, 8-7-08)

A.

Purpose. The purpose of this section is to provide objective standards and processes for the enforcement of city ordinances.

B.

Definitions. For purposes of this section, the zoning enforcement officer (ZEO), ordinance enforcement officer (OEO), and code enforcement officer (CEO), shall have the same functions and duties.

C.

Three-Step Process for Ordinance Enforcement:

Step 1: Any citizen has the right to report an ordinance violation. The identity of the citizen reporting the violation should remain anonymous to the extent possible and should direct their report to the code enforcement officer (CEO). In the event that the only evidence of the violation is from the reporting citizen and ultimately a citation is issued, the reporting citizen should know that he/she might be called to testify in municipal court as to the violation. The CEO should personally confirm the existence of a violation when possible. Additionally, the CEO will verify that the violation is indeed of a current and legitimate city ordinance. If immediate action is required, and the offense is of a nature to require the immediate issuance of a citation in the opinion of the CEO, then a citation will be issued in accordance with Step 3. Upon the first violation of a city ordinance not requiring immediate action, the city planner, at the request of the CEO, will mail a letter to the party responsible for the violation. The letter will include the date the violation was observed and a copy of the city ordinance for clarification to the responsible party. A deadline will be included within which to comply with the ordinance at issue. The letter will be sent over the name of the code enforcement officer using city of Auburn letterhead. After the allocated time has elapsed or the same ordinance is again violated, Step 2 is initiated. Nothing in this section restricts the CEO from serving notice in person, or verbally. When verbal notice is given, written confirmation of the notice will follow within three days, in the manner as required above, and will be effective as of the date of the first notice.

Step 2: A citation will be issued by the city and delivered by a police officer employed by the city or the CEO depending on the urgency of the situation or conditions at the time of occurrence. The citation will restate the violation and note that this is the second occurrence of the same violation and that the required resolution as stipulated in Step 1 has not been complied with as required. The citation will state the date and time that the responsible party in violation must appear in municipal court. On that date, the judge will hear the case and determine whether a violation of the ordinance occurred. If found in violation, the responsible party may be fined for the violation plus appropriate court costs. The fine imposed will be consistent with fines imposed by local municipalities for similar violations.

(Ord. 04-006, 2004)

(Ord. No. 08-016, § 1, 8-7-08; Ord. No. 12-021, 12-6-12)