(a)

Establishment, composition and terms.

(1)

The Brookhaven planning commission shall consist of seven members, all of whom shall be residents of the city. If a member moves outside the city, such move constitutes a resignation from the planning commission, effective upon the date of such move.

(2)

Planning commission members shall be nominated by the mayor and approved by a simple majority vote of the city council.

(3)

Planning commission members serve four-year terms or until their successor is appointed and qualified.

(4)

Any vacancy in the membership of the planning commission shall be filled for the remainder of the unexpired term.

(5)

Planning commissioners may be reappointed to successive terms without limitation.

(6)

Members of the planning commission may not hold any other city office or city-compensated position.

(7)

The city council is authorized to determine the amount of compensation, if any, to be paid to the members of the planning commission.

(8)

The planning commission shall elect one of its members to serve as chairperson.

(9)

The chairperson of the planning commission serves one year or until reelected or a successor is elected.

(10)

The city council is authorized to remove any member of the planning commission before the expiration of their term for cause stated in writing and after a public hearing. Planning commission members may be removed by the city council at any time for failure to attend three or more consecutive meetings or for failure to attend 75 percent or more of the meetings within any calendar year or for any other good cause related to performance of duties.

(b)

Meetings and rules of procedure.

(1)

The planning commission shall conduct its meetings in accordance with the procedures contained in this zoning ordinance. The planning commission is further authorized to adopt rules of procedure governing the conduct of its meetings. The rules of procedure shall be consistent with the provisions of this zoning ordinance. If this zoning ordinance or the rules of procedure do not address a procedural issue that arises,Robert's Rules of Order shall be followed. The planning commission is authorized to amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment shall be filed by with the city clerk and copies of the rules shall be made available to the public.

(2)

The date and time of each meeting shall be standardized and regular. Agenda items to be considered shall be publicized in the same manner as meetings of the mayor and city council. The chairperson is authorized to call for special meetings of the planning commission with no less than 24 hours of public notice in advance of any such meeting.

(3)

A meeting may be canceled by the chairperson or community development director if there are no matters to be acted upon by the planning commission.

(4)

A quorum of the planning commission consists of a minimum of four members. A quorum is necessary for the planning commission to take official action. All official actions of the planning commission shall be taken by majority vote of the members present. A roll call vote shall be taken upon the request of any planning commission member.

(5)

At its first regular meeting in January, the planning commission shall, by majority vote of its membership, excluding vacant seats, elect one of its members to serve as chairperson and preside over the board's meetings and one member to serve as vice chairperson. The persons so elected serve in these capacities for terms of one year. Vacancies may be filled for the unexpired terms only by majority vote of the planning commission membership, excluding vacant seats. The chairperson and vice chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may be elected to successive terms without limitation.

(6)

The planning commission shall appoint a secretary who may be an officer or employee of the city or a member of the planning commission. The community development department director, may serve as secretary of the city planning commission, as directed by the mayor. The secretary shall provide such support to the planning commission as is reasonable and necessary to accomplish said commissions' duties. The secretary of the planning commission shall provide the members of the planning commission all information submitted to, or generated by, city staff on each matter to be considered by the planning commission. The secretary is also responsible for maintaining the records of the planning commission.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.375), 11-27-2018)

(a)

Establishment, composition and terms.

(1)

The Brookhaven board of appeals shall consist of seven members, all of whom shall be residents of the city. If a member moves outside the city such move constitutes a resignation from the board of appeals, effective upon the date of such move.

(2)

Board of appeals members shall be nominated by the mayor and approved by a simple majority vote of the of the city council.

(3)

Board of appeals members serve four-year terms or until their successor is appointed and qualified.

(4)

Any vacancy in the membership of the board of appeals shall be filled for the remainder of the unexpired term.

(5)

Board of appeals may be reappointed to successive terms without limitation.

(6)

Members of the board of appeals may not hold any other city office or city-compensated position.

(7)

The city council is authorized to determine the amount of compensation, if any, to be paid to the members of the board of appeals.

(8)

The chairperson of the board of appeals serves one year or until reelected or a successor is elected.

(9)

The city council is authorized to remove any member of the board of appeals before the expiration of their term for cause stated in writing and after a public hearing. Board of appeals members may be removed by the city council at any time for failure to attend three or more consecutive meetings or for failure to attend 75 percent or more of the meetings within any calendar year or for any other good cause related to performance of duties.

(b)

Meetings and rules of procedure.

(1)

The board of appeals shall conduct its meetings in accordance with the procedures contained in this zoning ordinance. The board of appeals is further authorized to adopt rules of procedure governing the conduct of its meetings. The rules of procedure shall be consistent with the provisions of this zoning ordinance. If this zoning ordinance or the rules of procedure do not address a procedural issue that arises,Robert's Rules of Order shall be followed. The board of appeals is authorized to amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment shall be filed by with the city clerk and copies of the rules shall be made available to the public.

(2)

The date and time of each meeting shall be standardized and regular. Agenda items to be considered shall be publicized in the same manner as meetings of the mayor and city council. The chairperson is authorized to call for special meetings of the board of appeals with no less than 24 hours of public notice in advance of any such meeting.

(3)

A meeting may be canceled by the chairperson or community development director if there are no matters to be acted upon by the board of appeals.

(4)

A quorum of the board of appeals consists of a minimum of four members. A quorum is necessary for the board of appeals to take official action.

(5)

All official actions of the board of appeals shall be taken by majority vote of the members present. A roll call vote shall be taken upon the request of any board of appeals member.

(6)

At its first regular meeting in January, the board of appeals shall, by majority vote of its membership, excluding vacant seats, elect one of its members to serve as chairperson and preside over the board's meetings and one member to serve as vice chairperson. The persons so elected serve in these capacities for terms of one year. Vacancies may be filled for the unexpired terms only by majority vote of the board of appeals membership, excluding vacant seats. The chairperson and vice chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may be elected to successive terms without limitation.

(c)

Testimony. All testimony before the board of appeals shall be taken as if under oath regardless of whether or not a formal oath or affirmation is administered. The chairperson may administer oaths and compel the attendance of witnesses by subpoena.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.376), 11-27-2018; Ord. No. 2019-05-04, § I(Attch.), 5-28-2019)

(a)

General. The community development director is responsible for:

(1)

The interpretation, administration and enforcement of the provisions of this zoning ordinance;

(2)

Issuing permits as required with respect to this zoning ordinance; and

(3)

Carrying out those powers and duties expressly identified in this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.377), 11-27-2018)

Upon the consent of the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the mayor and city council or the community development director may enter any property during all reasonable hours for the purpose of making inspections to determine compliance with the provisions of this zoning ordinance.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.378), 11-27-2018)

The community development director may obtain an inspection warrant authorizing city inspectors to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched.

(1)

Inspection warrants may be issued by the municipal court when the issuing judge is satisfied that all of the following conditions are met:

a.

That the person seeking the warrant has established under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the subject property or that there is probable cause for believing that there is a condition, object, activity or circumstance that legally justifies such an inspection;

b.

That issuance of the warrant is authorized by this section; and

c.

There is probable cause to believe a violation of this division exists.

(2)

All inspection warrants shall meet all of the following requirements:

a.

The warrant shall be attached to the affidavit required to be made in order to obtain the warrant.

b.

The warrant shall describe, either directly or by reference to the affidavit, the property upon which the inspection is to occur and shall be sufficiently accurate to allow the executor of the warrant and the owner or possessor of the property to reasonably determine from it the property for which the warrant authorizes an inspection.

c.

The warrant shall indicate the conditions, objects, activities, or circumstances that the inspection is intended to check or reveal.

d.

The warrant shall refer, in general terms, to the ordinance provisions sought to be enforced.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.379), 11-27-2018)

The community development director is responsible for the interpretation, administration and enforcement of the provisions of this zoning ordinance unless otherwise expressly stated.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.380), 11-27-2018)

It is unlawful and a violation of this zoning ordinance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use any land in the city, or cause any of these actions, contrary to or in violation of any of the provisions of this zoning ordinance. Any violation of a provision of this zoning ordinance—including but not limited to all of the following—may be subject to the remedies and penalties provided for in this zoning ordinance.

(1)

To use land or buildings in any way not consistent with the requirements of this zoning ordinance;

(2)

To erect a building or other structure in any way not consistent with the requirements of this zoning ordinance;

(3)

To engage in the use of a building or land or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining such required permits or approvals;

(4)

To engage in the use of a building or land or any other activity requiring one or more permits or approvals under this zoning ordinance in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;

(5)

To violate the terms of any permit or approval granted under this zoning ordinance or any condition imposed on the permit or approval;

(6)

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this zoning ordinance;

(7)

To violate any lawful order issued by any person or entity under this zoning ordinance; or

(8)

To continue any violation after receipt of notice of a violation.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.381), 11-27-2018)

Each day that a violation remains uncorrected after receiving notice of the violation from the city constitutes a separate violation of this zoning ordinance, provided that a separate citation is required for each continuing violation.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.382), 11-27-2018)

The city has all remedies and enforcement powers allowed by law, including the following:

(1)

Withhold permit. The community development director may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.

(2)

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the community development director may grant such authorization subject to the condition that the violation be corrected.

(3)

Revoke permits.

a.

Any permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the community development director when the community development director determines:

1.

That there is departure from the plans, specifications, or conditions as required under terms of the permit,

2.

That the development permit was procured by false representation or was issued by mistake, or

3.

That any of the provisions of this zoning ordinance are being violated.

b.

Written notice of revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice shall be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.

(4)

Withhold public utility service. The community development director may require that public utility service be withheld until such time as the structure or premises are no longer in violation of this zoning ordinance.

(5)

Stop work. With or without revoking permits, the community development director may order work to be stopped on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under the zoning ordinance.

(6)

Revoke plan or other approval. Where a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the community development director may, upon notice to the applicant and other known interested parties (including any holders of building permits affected) (a) revoke the plan or other approval or (b) condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the community development director may reasonably impose.

(7)

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under the zoning ordinance.

(8)

Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.383), 11-27-2018)

In addition to all other actions and penalties authorized in this article, the city attorney is authorized to institute injunctive, abatement or any other appropriate judicial or administrative actions or proceedings to prevent, enjoin, abate, or remove any violations of this zoning ordinance. The city may also, after due notice to the owner of the violation, issue a citation for violation of this zoning ordinance requiring the presence of the violator in municipal court.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.384), 11-27-2018)

Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.385), 11-27-2018)

The remedies and enforcement powers established in this zoning ordinance are cumulative, and the city may exercise them in any combination or order.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.386), 11-27-2018)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.387), 11-27-2018)

(a)

Non-emergency matters. In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the community development director shall give notice of the nature of the violation to the property owner or to any other person who is party to the approval or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have ten days to correct the violation before further enforcement action may be taken. Notice shall be given in person by hand delivery or by U.S. Mail. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected. When no current address exists for the owner and attempts to reach the owner have been unsuccessful, notice may be posted on the property. In that case, documentation shall be maintained in the case fie of the unsuccessful attempts to reach the property owner and a photograph of the posted notice shall be retained as part of the case file.

(b)

Emergency matters. In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this zoning ordinance without prior notice, but the community development director shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the approval and to applicants for any relevant permit.

(Ord. No. RZ-2018-11-06, § I, Exh. A(27.388), 11-27-2018)