13.1

Enforcement.

The provisions of this ordinance shall be administered in part, and enforced in part, by the Cusseta-Chattahoochee County Building and Zoning Official.

Inspections under this ordinance shall be administered by a qualified disinterested person until, if and when a county building inspector is appointed by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia. Prior to the issuance of certificate of occupancy proof of these inspections must be given to the office of the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia.

13.2

Building permit required.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing systems, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Application and supporting documents for a building permit shall be made to the office of the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia/Building Official's office on forms provided for that purpose. One copy of the supporting documents (as required in section 13.3) shall remain on file in the office of the building official.

It shall be a violation of this ordinance to commence construction of a building for residential, commercial or industrial use, prior to issuance of a building permit by the office of the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia.

The reference building code shall be the current standard building code.

13.3

Certificate of occupancy required for habitable buildings.

No building for residential, commercial, or industrial use shall be occupied until the owner (or his agent) has been issued a certificate of occupancy by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia or its designee.

13.4

Penalties for violation of zoning ordinance.

Any person, corporation, or legal entity who violates any provision of the zoning ordinance of Cusseta-Chattahoochee County, Georgia shall be issued a notice of ordinance violation stating specific violation(s) and allowing 30 days to respond to the notice of ordinance violation with a plan of action for ordinance conformity.

Ordinance violations shall be tried in the magistrate court in Chattahoochee County, Georgia, upon citation issued by the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia or its designee.

If at the end of the 30 day period the offender has not come into compliance with this ordinance, such person, corporation or legal entity shall be cited and upon conviction in the magistrate court of this county, shall be fined an amount not to exceed $500.00 for each violation. Each day such violation continues (without extension of time permitted by the commission of the Unified Government of Cusseta-Chattahoochee County, i.e., specific and extenuating circumstances beyond the violator's control), shall constitute a separate offense and shall subject such person, corporation, or legal entity to the fine specified by this section for each such offense.

Each citation shall state the time and place at which the accused violator is to appear for trial, shall identify the violation 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 commission of the Unified Government of Cusseta-Chattahoochee County, Georgia or its designee who shall complete and serve the citation.

Prosecutions for violations of this ordinance in accordance with this section shall be commenced by the completion, signing and service of the citation by Unified Government of Cusseta-Chattahoochee County or its designee either of whom is authorized by this ordinance to issue citations. A citation shall be personally served upon the accused, and the original shall be promptly filed with the magistrate court.

No person shall be arrested prior to the time of trial for violations under this section, but any person who falls to appear at trial may be arrested thereafter on a warrant of the magistrate and required to post a bond for his future appearance.

13.5

Remedies.

In case any building or other structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this ordinance, the building official or any adjacent or neighboring property owner who would be specifically damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent occupancy of such building, structure or land.

Any person(s) or legal entity(ies) who may have a substantial interest in a final zoning decision of the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia may petition to any court of proper jurisdiction for a trial de novo.