The provisions of this Ordinance shall be administered and enforced by the Zoning Administrator. Requests for an administrative variance from the requirements of this Ordinance shall be heard and decided by the Zoning Administrator in accordance with the guidelines set forth in Section 14.1. Decisions of the Zoning Administrator may be appealed in accordance with the provisions of Article XIV. Requests for a variance other than an administrative variance shall be heard and decided by the Board of Appeals in accordance with the guidelines set forth in Section 14.4.

(Ord. of 7-21-2021(4))

13.2.1 Enforcement options. Enforcement of this ordinance may be through criminal prosecution, civil fines, or other civil proceedings. Any person, firm, partnership, corporation or other legal entity who shall do anything prohibited by this Ordinance as the same exists or as it may hereafter be amended or which shall fail to do anything required by this Ordinance as the same exists or as it may hereafter be amended shall be subject to an enforcement action. The County shall also be authorized to bring actions in rem against the property itself.

(A)

Representatives of the County shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this Ordinance, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection, as permitted by law. Officers and officials may seek inspection warrants or search warrants on probable cause of a violation occurring inside a structure. No warrant shall be required to investigate visible and open violations or uses.

(B)

No person shall obstruct, hamper or interfere with any County representative while in the process of carrying out his official duties in the enforcement of this Ordinance.

13.2.2 Persons who may be cited. Owners are ultimately responsible for the condition of their property and ensuring that their property and all activity occurring on such property are in compliance with this Ordinance. For any violation, both the owner of the property and/or the individual agent, tenant or invitee of the owner responsible for the violation may be cited, where appropriate. Agents of the owner would include, but not be limited to, developers, builders, contractors, and sub-contractors. Tenants and invitees would include, but not be limited to, any renter, leaseholder, owner of any vehicle or structure on the property, or other person conducting an activity on the property who is not a trespasser. Corporations and companies responsible for the work may be cited in lieu of or in addition to citations issued to the actual individuals on-site committing violations. In addition, the County shall also be authorized to bring actions in rem against the property itself.

13.2.3 Daily violations. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation, subjecting the offender to a new citation, or other civil or criminal proceeding.

13.2.4 Multiple violations. Each separate action, omission, or occurrence relating to any specific provision of this Ordinance shall be a separate violation, subjecting the offender to a separate citation. Multiple junk cars count as one violation, but the fee increases as shown in Section 13.3 below.

13.2.5 Criminal prosecution. The Zoning Administrator, or designated code enforcement personnel, or other authorized personnel, may issue criminal citations for violations of this ordinance, or violation of any stop-work order.

(A)

Criminal prosecutions for violation of this Ordinance shall be commenced by the completion, signing, and service of a citation by an authorized county official or zoning enforcement officer. No warning need be issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative or, if a corporation, an officer of the corporation or its on-site representative or the person or persons in charge of the activity on the property; a copy shall be promptly filed with the magistrate court. A stop-work order may be issued in conjunction with a citation.

(B)

Each citation shall state the time and place at which the accused is to appear for trial in magistrate court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the Court, shall indicate the identity of the accused and the date of service, and shall be signed by the deputy sheriff or other authorized officer who completes and serves it.

(C)

Any Defendant who fails to appear for trial shall thereafter be arrested on the warrant of the Magistrate and required to post a bond for his or her future appearance.

(D)

The District Attorney, County Attorney, or another attorney designated by Bartow County may act as prosecuting attorney for violations of this Ordinance.

(E)

Fines shall be assessed in accordance with Sec. 13.3.

13.2.6 Civil fines and proceedings. In addition to or in lieu of any other remedy, the County may seek injunctive, mandamus or other appropriate relief in superior court to enjoin or prevent a violation of any provision of this Ordinance. Such action may also seek civil fines at the mandatory rates specified in Section 13.3 for violation of this Ordinance, and may additionally seek the costs of restitution, and any other costs associated with the action to enjoin or prevent any violation of any provision of this Ordinance. The County shall be entitled to its reasonable attorney's fees and costs for bringing an action in superior court wherein any relief is granted or fine assessed.

13.2.7 Stop work orders. Upon notice from the Zoning Administrator, designated code enforcement officers, or other authorized personnel, work on any project that is being done contrary to the provisions of this Ordinance shall be immediately stopped.

(A)

Stop work orders shall affect all work being done on a project or development (including work done on other lots in the subdivision owned by the same violator). Stop work orders stop not only the work in violation, but all other work by contractors or sub-contractors on the same property. Only work to remedy the deficiency shall be allowed until the stop work order is lifted.

(B)

A stop work order shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency or other exigent circumstances exist, no written notice shall be required, and a verbal stop work order may be issued, with a written order to be provided within three working days.

(C)

Stop work orders may be issued on their own, or in conjunction with criminal citations, or civil proceedings in superior court.

(D)

Issuance of a stop work order may be appealed to the Board of Appeals.

13.2.8 Additional criminal penalties. Persons cited criminally are also subject to the other penalties within the jurisdiction of the magistrate court, including incarceration up to 60 days, community service, and probation.

(Ord. of 7-21-2021(4))

13.3.1 Fine Schedule. Fines assessed under this Ordinance shall be assessed according to the following mandatory schedule, whether assessed as a civil fine in superior court, or assessed as a criminal penalty upon conviction in magistrate court. The maximum permissible fine shall be $1,000 per offense. In no event shall a fine be reduced below the mandatory minimum, as set forth below. Fines may be increased by mandatory add-ons under State law. As a deterrent to violation, second and subsequent violations by the same offender of any provision of this Ordinance, whether violations of the same or different provisions of this Ordinance as the initial violation, and whether involving the same or different property, shall increase the fine owing. However, repeated citations for the same violation on a second and subsequent days shall not count as a subsequent violation, but shall rather be assessed at the same rate as the initial violation. Note: "Per vehicle" additions relate to violations such as junk vehicles, parking violations, and similar violations, where each vehicle is in violation of the Ordinance.

(A)

First Violation: For the first violation of any provision of this Ordinance by any violator (whether an individual or corporation), the fine shall be as follows, unless otherwise noted:

Violation of Article VI: $350 (plus $75 per vehicle, if applicable)

Violation of any other Article: $300

(B)

Second Violation: For the second violation of any provision of this Ordinance (whether the same or different as the first violation) by the same violator (whether an individual or corporation), the fine shall be as follows, unless otherwise noted:

Violation of Article VI: $750 (plus $100 per vehicle, if applicable)

Violation of any other Article: $500

(C)

Third and Subsequent Violations: For the third and subsequent violation of any provision of this Ordinance (whether the same or different as the prior two violations) by the same violator (whether an individual or corporation), the fine shall be as follows, unless otherwise noted.

Violation of Article VI: $1,000 (plus $150 per vehicle, if applicable)

Violation of any other Article: $800

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § XXIX)

The Zoning Department shall keep records of violators, whether corporate or individual, in order to determine when second or subsequent violations occur.

(Ord. of 7-21-2021(4))