This article sets out the structure for administering and enforcing this Development Code, including the responsibilities and procedures of the various enforcement officers in carrying out enforcement activities and in amending the text of this Development Code.

(Ord. of 10-13-2020)

From time to time, the board of commissioners may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this Development Code, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and hearing processes required by this Development Code.

(Ord. of 10-13-2020)

(a)

Planning and community development director. The planning and community development director is responsible for the receipt, review and processing of all applications for rezoning, special use approval, project approval of subdivisions and site plans, text amendments, and appeals filed with the county. The planning and community development director is responsible for all administrative and enforcement activities related to the use or occupancy of land and buildings, and continuing conformance to the provisions of this Development Code. The planning and community development director serves as the secretary to the planning commission and to the board of appeals.

(b)

Public works director.

(1)

The public works director is responsible for the review of submittals related to land disturbance and the development of projects; the construction of streets, drainage facilities and other public facilities; the control of erosion and sedimentation; and any other activities within public rights-of-way.

(2)

The of public works director is responsible for enforcement of all requirements and restrictions of this Development Code relating to the engineering design of subdivision improvements and development projects, the construction of streets and stormwater management systems, their continued maintenance and operation, and coordination of the installation of public utilities.

(c)

Building official. As the issuing agent for all building and sign permits, the building official is responsible for the proper construction of buildings and structures, and continuing compliance with permit requirements after construction is complete. While building officials examine land development project plans for compliance with the technical codes and all other pertinent laws or ordinances, the owner shall ultimately remain responsible for the design of the project. Notwithstanding the building official's role in accepting and approving submissions specified in this ordinance, the owner is not entitled to rely on approval from the county of any documents as evidence that the plans are all internally consistent or compliant with applicable health and safety codes and standards. Nothing herein is intended to create an actionable duty on the part of the building officials.

(Ord. of 10-13-2020)

(a)

Creation and appointment. The Barrow County Planning Commission as heretofore established by the Barrow County Board of Commissioners is hereby reestablished as a seven-member commission.

(1)

Members of the planning commission shall be appointed so as to provide a member from each of the six county commission districts and one at-large appointment.

a.

Each district member of the planning commission must be a resident of the county commission district from which such member is appointed and maintain residency in that commission district. The at-large member of the planning commission must be a resident of Barrow County and maintain residency in the county.

b.

A district member who moves his or her residency out of the commission district from which he or she was appointed shall be deemed to have automatically resigned his or her membership on the planning commission as of the date of such move. If the at-large member moves his or her residency out of the county, the member shall be deemed to have automatically resigned his or her membership on the planning commission as of the date of such move.

c.

Each member appointed to the planning commission shall serve for a period equal to the term of office of the county commissioner who represents the county commission district from which the planning commission member is appointed, or until such member's successor is appointed, whichever last occurs. The reelection of a county commissioner shall constitute a new term of office, as shall the special election of a county commissioner to fill an unexpired term.

(2)

A new member appointed to fill a vacancy on the planning commission shall be appointed from the same county commission district, or at large, as the member who previously filled the position.

(b)

Officers; chairman and secretary. The planning commission shall elect a chairman and vice-chairman (who shall be acting chairman in the absence of the chairman) on an annual basis. The chairman may not succeed himself or herself.

(1)

The chairman (or in his or her absence the vice-chairman) shall preside at all meetings and hearings of the planning commission and decide all points of order or procedure. The chairman shall appoint any committees which may be found necessary.

(2)

The planning and community development director shall serve as secretary to the planning commission and shall conduct all correspondence of the commission; keep a minutes book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; and keep records of examination and hearing and other official action; and shall carry out such other official duties as may be assigned by the board of commissioners.

(c)

Meetings.

(1)

The regular meeting of the planning commission shall be held the third Thursday of the month at 7:00 p.m., unless there is no cause for holding such meeting. Whether there is or is not to be a regular meeting, the secretary shall inform the members of the planning commission at least 15 days in advance.

(2)

Special meetings may be called by the chairman provided that at least 48 hours' notice of such meeting is given each member and that such other public notice as required by law is provided.

(3)

Four members shall constitute a quorum for the conduct of all business.

(4)

Public hearings shall be held at each regular meeting of the planning commission for applications for land use plan amendments, rezonings, special use approvals and such other business that may require a public hearing to be properly considered by the planning commission. Such public hearings and the standards to be considered in making a recommendation shall follow the requirements applicable to each such application contained in the procedures and permits article of this Development Code.

(d)

Bylaws. The planning commission shall be free to adopt bylaws not inconsistent with the provisions of this Development Code to further govern the conduct of their meetings, including the order of business at such meetings and the rules of order for deliberations and the making of motions.

(e)

Removal of members.

(1)

Members of the planning commission shall be removable for cause by the board of commissioners upon written notice and after public hearing, or at the convenience of the board of commissioners upon majority vote.

(2)

Failure to attend three consecutive meetings or any ten meetings per term of the planning commissioner, shall be considered automatic resignation from the planning commission. Upon such automatic resignation or upon the creation of other vacancies on the planning commission, the chairman shall inform the county commission of such occurrence as promptly as possible, so that the board of commissioners may appoint a replacement to fill the unexpired term.

(3)

Failure of a member of the planning commission to comply fully with the Georgia Open Meetings Act (O.C.G.A. §§ 50-14-1 et seq.), the Georgia Conflict of Interest in Zoning Act (O.C.G.A. §§ 36-67A-1 et seq.), the powers and procedures of this Development Code relating to the planning commission, or other provisions of this Development Code applicable to property owned by, operated by or occupied by the member of the planning commission, shall constitute cause for removal by the board of commissioners.

(Ord. of 10-13-2020)

(a)

Creation and appointment. The Barrow County Board of Appeals as heretofore established by the Barrow County Board of Commissioners is hereby reestablished as a seven-member commission.

(1)

Members of the board of appeals shall be appointed so as to provide a member from each of the six county commission districts and one at-large appointment.

a.

Each district member of the board of appeals must be a resident of the county commission district from which such member is appointed and maintain residency in that commission district. The at-large member of the board of appeals must be a resident of Barrow County and maintain residency in the county.

b.

A district member who moves his or her residency out of the commission district from which he or she was appointed shall be deemed to have automatically resigned his or her membership on the board of appeals as of the date of such move. If the at-large member moves his or her residency out of the county, the member shall be deemed to have automatically resigned his or her membership on the board of appeals as of the date of such move.

c.

Each member appointed to the board of appeals shall serve for a period equal to the term of office of the county commissioner who represents the county commission district from which the board of appeals member is appointed, or until such member's successor is appointed, whichever last occurs. The reelection of a county commissioner shall constitute a new term of office, as shall the special election of a county commissioner to fill an unexpired term.

(2)

A new member appointed to fill a vacancy on the board of appeals shall be appointed from the same county commission district, or at-large, as the member who previously filled the position.

(b)

Officers; chairman and secretary. The board shall elect a chairman and vice-chairman (who shall be acting chairman in the absence of the chairman) on an annual basis. The chairman may not succeed himself or herself.

(1)

The chairman (or in his or her absence the vice-chairman) shall preside at all meetings and hearings of the board of appeals and decide all points of order or procedure. The chairman shall appoint any committees which may be found necessary.

(2)

The planning and community development director shall serve as secretary to the board of appeals and shall conduct all correspondence of the board; keep a minutes book recording attendance, the vote of each member upon each question, or if absent, the failure to vote, indicating such fact; and keep records of examination and hearing and other official action; and shall carry out such other official duties as may be assigned by the board of commissioners.

(c)

Meetings.

(1)

The regular meeting of the board of appeals shall be held the second Thursday of the month at 7:00 p.m., unless there is no cause for holding such meeting. Whether there is or is not to be a regular meeting, the secretary shall inform the members of the commission at least 15 days in advance.

(2)

Special meetings may be called by the chairman provided that at least 48 hours' notice of such meeting is given each member and that such other public notice as required by law is provided.

(3)

Four members shall constitute a quorum for the conduct of all business.

(4)

Public hearings shall be held at each regular meeting of the board of appeals for applications for appeals and such other business that may require a public hearing to be properly considered by the board of appeals. Such public hearings and the standards to be considered in making a decision shall follow the requirements applicable to each such application contained in the appeals article of this Development Code.

(d)

Bylaws. The board of appeals shall be free to adopt bylaws not inconsistent with the provisions of this Development Code to further govern the conduct of their meetings, including the order of business at such meetings and the rules of order for deliberations and the making of motions.

(e)

Removal of members.

(1)

Members of the board of appeals shall be removable for cause by the board of commissioners upon written notice and after public hearing, or at the convenience of the board of commissioners upon majority vote.

(2)

Failure to attend three consecutive meetings or any ten meetings per term of the member shall be considered automatic resignation from the board of appeals. Upon such automatic resignation or upon the creation of other vacancies on the board of appeals, the chairman shall inform the county commission of such occurrence as promptly as possible, so that the county commission may appoint a replacement to fill the unexpired term.

(3)

Failure of a member of the board of appeals to comply fully with the Georgia Open Meetings Act (O.C.G.A. §§ 50-14-1 et seq.), the powers and procedures of this Development Code relating to the board of appeals, or other provisions of this Development Code applicable to property owned by, operated by or occupied by the member of the board of appeals, shall constitute cause for removal by the board of commissioners. Members of the board of appeals are also expected to comply with the Georgia Conflict of Interest in Zoning Act (O.C.G.A. §§ 36-67A-1 et seq.); failure to comply shall constitute cause for removal by the board of commissioners.

(Ord. of 10-13-2020)

(a)

Enforcement officer.

(1)

Representatives of the planning and community development director, the director of public works and the sheriff's office 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 Development Code, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection.

(2)

No person shall refuse entry or access to any authorized representative or agent of the county, the Georgia Soil and Water Conservation Commission, the soil and water conservation district, or the Georgia Environmental Protection Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(b)

Citations. Any violation of this Development Code may be tried upon a citation issued by the sheriff or any other authorized representative of the county pursuant to the provisions of this development code and state law. Without limitation, builders, developers, contractors, property owners, and such other parties responsible for the violation may be cited for violation of any provisions of this Development Code.

(c)

Land development activities.

(1)

Periodic inspections.

a.

The planning and community development director will periodically inspect the sites of land-disturbing activities for which development permits have been issued to determine if the activities are being conducted in accordance with the erosion and sediment control plan and if the measures required in the plan are effective in controlling erosion and sedimentation.

b.

In addition, the planning and community development director shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities.

(2)

Notice of violation. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved erosion and sediment control plan, with development permit conditions, or with any other provisions relating to land development activities of this Development Code, a written notice to comply shall be served upon that person (which notice may consist of a stop-work order). The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Development Code and deemed to have forfeited any required performance bond if required to post one under the provisions of this Development Code. The county may call the performance bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbing activity and bring it into compliance.

(3)

Stop-work orders.

a.

For the first and second violations of the provisions of this article, the planning and community development director (or designee) shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the planning and community development director shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the planning and community development director shall issue an immediate stop-work order in lieu of a warning;

b.

For a third and each subsequent violation, the planning and community development director shall issue an immediate stop-work order; and;

c.

All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Stop-work orders may be either personally served or posted at the primary entrance of the land-disturbing activity.

d.

When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by planning and community development director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop-work order shall be issued by the planning and community development director or his or her designee. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop-work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

e.

Upon the issuance of a stop-work order, the permittee shall also be served with a citation and summons specifying the violation(s) and returnable to the county magistrate court.

(4)

Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of section 89-1329 of this Development Code. Barrow County may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d)

Land use and other provisions.

(1)

Inspection. If the planning and community development director finds that a provision of this Development Code is being violated relating to the use or occupancy of land or structures, lot standards, landscaping, buffers, tree conservation, parking, signage, flood damage prevention or any other standard or provision (other than land development activities as may be authorized by a development permit), or relating to a condition of approval established in connection with a grant of variance or zoning change, he or she shall authorize notification to the person responsible for such violation in writing (which notification may consist of an order to cease and desist the violation). The notification shall indicate the nature of the violation and order the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the planning and community development director shall have authority to prosecute violations in court.

(2)

Cease and desist orders. The planning and community development director shall order discontinuance of illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this Development Code.

(e)

Removal of illegal signs. The building official may order the removal of any sign in violation of this Development Code by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit was issued, such notice shall operate to revoke the permit. The removal order shall be issued only after the appropriate party fails to comply within seven days after the county gives written notice of noncompliance.

(1)

Procedure following removal order. An aggrieved party may appeal the removal order within ten days from the date that the notice was mailed. Such appeal shall be made to the board of commissioners. If the sign is not removed within 30 days after the order of removal (or 30 days after the date any appeal becomes final), the building official is authorized to remove or cause to be removed the sign and to collect the costs thereof as provided below.

(2)

Removal without notice.

1.

The building official or any other agent of the county having jurisdiction under the circumstances may remove or direct the removal of any sign in violation of this Development Code, without giving notice to any party, if:

2.

Said sign is upon the public right-of-way or upon other public property; or

3.

Said sign poses an immediate safety threat to the life or health of any members of the public.

4.

Following such removal, the county may collect the costs as provided in the following section.

(3)

Costs of removal.

a.

Removal of any sign found in violation shall be without liability to the county, its officers, agents, and employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible. If the sign owner cannot be determined, then the costs of removal shall be the responsibility of the sign erector and any party that procured the erection of the sign.

b.

If payment or arrangement to make payment is not made within 60 days after the receipt of a statement of removal costs, the building official shall certify the amount thereof for collection to the county attorney. In the event the removed sign(s) remains unclaimed for more than one year from the date of impound, the sign(s) shall be disposed of in accordance with state law.

c.

Costs of removal shall be charged in accordance with a fee schedule adopted by the board of commissioners from time to time, or at the actual cost to the county, whichever is more appropriate to the action taken.

(f)

Referral to sheriff. Any violation alleged under this Development Code may be referred to the sheriff's office for investigation, citation and enforcement.

(Ord. of 10-13-2020)

(a)

Violation of a misdemeanor. Violation of any provision of this Development Code, including violation of conditions of approval established in connection with grants of variance or zoning changes, shall constitute a misdemeanor.

(b)

Failure to obtain a development permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a development permit as prescribed in this Development Code without first obtaining said development permit, the person shall be subject to revocation of his authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the county.

(c)

Monetary penalties. Any person who is determined by the court to have violated any provisions of this Development Code, or any permit condition or limitation established pursuant to this Development Code, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the planning and community development director issued as provided in this Development Code shall be liable for a civil penalty as follows:

(1)

Pursuant to O.C.G.A. § 12-7-15, the magistrate court shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation.

(2)

Notwithstanding any other provision of law as to penalties that can be assessed for violations of county laws, the court shall be authorized to impose monetary penalties for such violations in accordance with the maximum penalty provided by state law, but not to exceed $2,500.00 for each violation. Each day the violation continues shall constitute a separate offense.

(d)

Additional remedies. Nothing contained in this section shall prevent the county from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus or other appropriate action.

(e)

Administrative appeal/judicial review.

(1)

Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by Barrow County upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Barrow County Board of Commissioners within 60 days after receipt by the planning and community development director of written notice of appeal. Unless enjoined by a court of competent jurisdiction, all work must cease during the appeal process.

(2)

Judicial review. Any person, aggrieved by a decision or order of the county Board of Commissioners, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of Barrow County.

(Ord. of 10-13-2020)

(a)

Neither the approval of a plan under the provisions of this Development Code, nor the issuance of a permit, nor the compliance with provisions of this Development Code, shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the county for damage to any person or property.

(b)

The fact that a land-disturbing activity for which a development permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Development Code or the terms of the development permit.

(c)

No provision of this Development Code shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, as amended, the Georgia Water Quality Control Act, or the rules and regulations promulgated and approved under such laws or pollute any waters of the state as defined by said acts.

(Ord. of 10-13-2020)

(a)

In order to comply with O.C.G.A. § 36-66-5.1(c), the chair of the board of commissioners, planning commission, and/or the board of appeals, as appropriate, is authorized to issue petition for review bonds and certificates of cost upon confirmation with county staff that such approvals are appropriate.

(b)

For purposes of petition for review proceedings, the county clerk, the county manager, and the chair of the board of commissioners, are authorized to accept service on behalf of the lower judicatory body, as appropriate. The chair of the board of commissioners is authorized to accept service of process on behalf of Barrow County.

(Ord. of 6-27-2023, § 1(Exh. A))