The Planning Commission, Board of Zoning Appeals, City Council, and/or City planner (and their designees) are designated to enforce the provisions, regulations, and intent of this Code.

Complaints made pertaining to this Code shall be investigated by the City Planner. Also, any violations suspected by the Planning Commission, Board of Zoning Appeals, or Mayor and City Council shall be investigated. Action may or may not be taken depending on the findings. The degree of action will be to the discretion of the City Planner and should reflect what is warranted by the violation.

Investigations of property may be done by the City Planner either from a right-of-way without permission of the property owner, or adjacent property (with permission), or from the property suspected of a violation once he/she has presented sufficient evidence of authorization and described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection.

In the event that the City Planner is denied entry to the subject property, he/she may apply to the court of jurisdiction to invoke legal, applicable, or special remedy for the inspection of property and enforcement of this Code or any applicable Codes adopted under state code. The application shall include the purpose, violation(s) suspected, property address, owner's name if available, and all relevant facts. Additional information may be necessary as requested by the court.

Pursuant to applicable regulations and the orders of the court of jurisdiction the owner, tenant, or occupant shall permit entry by the City Planner or designee.

The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the City Planner.

A structure that is raised or converted, or land used in violation of this Code or its subsequent amendments may be deemed a common nuisance, and the owner or possessor of the structure or land is liable for the nuisance.

The City Planner or designee may place a Stop-Work-Order or Violation Notice on any land/property improvement process. Stop-Work-Orders shall be issued by written letter which shall state the violation and that work or illegal activity must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place or be delivered/mailed to the owner, developer, property manager, tenant, or occupant.

A.

The City Planner or designee shall meet with the person(s) served the Stop-Work-Order notice within seven (7) days of any such meeting being requested. A memorandum of agreement shall be drafted stating the conditions by which construction or action may be resumed. This memorandum of agreement must be signed by the owner, developer, property manager, tenant, or occupant that has caused, or is responsible for the violation and the City Planner.

B.

Reasons for a Stop-Work-Order include, but are not limited to:

1.

Not complying with development standards and/or any regulations of this Code;

2.

Not obtaining a Building Permit prior to the start of construction of any improvement for which a permit is required by this Code;

3.

Not completing structures or other improvements consistent with any approved Building Permit, variance, conditional use, or other approval;

4.

Not meeting the conditions or commitments of a conditional use, variance, or zoning amendment;

5.

Not meeting the conditions of site development plans, covenants, or written commitments which are enforceable by the City Planner; and

6.

Illegal use or expansion of use of structures, or structures and land in combination.

The following items shall be deemed civil zoning violations, enforceable by the City Planner or designee. Penalties may be imposed based on the provisions set forth in this Article.

A.

The placement or erection of a primary structure, accessory structure, sign, or any other element determined by the City Planner or designee to not conform to the provisions or explicit intent of the Zoning Code;

B.

The maintenance of a primary structure, accessory structure, sign, or any other element determined by the City Planner or designee to not conform to the provisions or explicit intent of the Zoning Code;

C.

Failure to obtain a Building Permit when required by this Code;

D.

Conducting a use or uses that do not comply with the provisions or explicit intent of this Code;

E.

Any failure to comply with the development standards and/or any regulations of this Code;

F.

Proceeding with work under a Stop-Work-Order or a violation of a memorandum of agreement; and

G.

Any failure to comply with commitments or conditions made in connection with a rezoning, conditional use, variance or other similar or documentable commitment, including verbal agreements during official Planning Commission, Board of Zoning Appeals, and/or Mayor and City Council meetings.

There shall be a three-step procedure for violations of this Code. These steps are as follows:

A.

The City Planner shall issue a Notice of Violation to the person(s) who has committed, in whole or in part, a violation. The Notice of Violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within fifteen (15) days of the mailing date or posting of notice.

B.

The City Planner shall issue a Notice of Fines and Penalties to the person(s) who have committed, in whole or in part, a violation. The Notice of Fines and Penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have fifteen (15) days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within fifteen (15) days or face additional Notices of Fines and Penalties.

C.

If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the City Council may pursue court action through a court of jurisdiction. Fines and liens against the property may also be pursued until the matter is resolved.

Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of College Park may be corrected by the City Planner, or a person, firm, or organization selected by the City Planner, without prior notice to the property owner or other person responsible for the violation.

A.

Immediate public risk violations shall include:

1.

Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this Code;

2.

Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public; and

3.

Any other immediate threat to public welfare as determined by the City Council, Planning Commission, Board of Zoning Appeals, City planner, Engineering Director, or other public official.

B.

Any sign, structure, landscaping or other material which constitutes an immediate public risk violation may be seized by the City Planner in a manner that results in minimal damage to the material and the property upon which it is located.

C.

The City Planner shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous place on the property or by letter.

1.

The notice shall be sent to the property owner via certified mail within twenty-four (24) hours of the seizure.

2.

The notice shall include the following:

a.

A description of the materials seized,

b.

A citation of the sections of the Code which were violated and the characteristics of the violation which posed an immediate threat to public welfare,

c.

The address and phone number of the City Planner's Office and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and

d.

Instructions describing how, where, and when the seized items may be claimed.

D.

The City Planner shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30) days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and City planner regarding the future use of the item in a manner consistent with this Code.

E.

Neither the City Planner or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken.

The City Planner by mandatory injunction in the Circuit or Superior Court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Code, or the removal of any use or condition in violation of this Code.

A.

Monetary fines may be imposed for each civil violation determined upon a single inspection. Fines shall be assessed for each day that the violation is present following the provision of any Notice of Violation to the property owner or other responsible party.

B.

No fine for any single violation shall exceed one thousand dollars ($1,000.00) per day. Payment of any violation shall be made to the city who shall deposit the funds in the General Fund. A receipt of payment must be recorded and a receipt issued to the person making payment.

A.

Any person receiving a notice of Violation and/or Fines and Penalties may appeal the violation and/or fine to the Board of Zoning Appeals. A written statement from the person in violation, either filing an administrative appeal consistent with Section 14.7 of this ordinance or giving shall be submitted to the City Planner or designee via Certified Mail at least three (3) days prior to the date any fine is due.

B.

Fines due will be postponed until the Board of Zoning Appeals has made a ruling as to the violation and/or fine. The person(s) in violation shall have thirty (30) days to file for a hearing with the Board of Zoning Appeals. Also, the person(s) in violation shall have a maximum of 6 months to complete the hearing process with the Board of Zoning Appeals. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.

C.

No additional notices will be issued by the City Planner or designee if the person(s) in violation has (have) submitted an appeal.