(a)

Building permit. No building or other structure shall be erected, moved, added to or structurally altered to a value of $50.00 or more without a building permit issued by the Department. No building permit shall be issued except in conformance with the provisions of this chapter and Section 8-6-87.

(b)

Certificate of occupancy.

(1)

A certificate of occupancy issued by the Director is required prior to the use or occupancy of:

a.

Any lot or change in the use thereof.

b.

A building hereafter erected or a change in the use of an existing building.

c.

A change in any lawful nonconforming use. The certificate shall state specifically wherein the nonconforming use fails to meet provisions of this chapter.

(2)

No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this chapter.

(3)

A record of certificate of occupancy shall be kept on file in the Office of the Director; and a copy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land involved.

(Code 1990, § 8-7-155; Ord. No. 693, 8-18-2004)

(a)

The Director, or his or her designee, is hereby authorized and directed, on the behalf of the city, to administer and enforce this chapter. Such authority shall include the duty and right to order, in writing, the remedy of any condition found in violation of this chapter; to revoke, suspend or void any development permit or building permit; and to suspend all work on the site or portion thereof. The Director shall have the authority to bring legal action in all courts of competent jurisdiction and to ensure compliance with this chapter's provisions, including injunction, mandamus, abatement or other appropriate action or proceeding.

(b)

Reserved.

(Code 1990, § 8-7-156; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 57, 11-18-2015)

(a)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, concert or demolish, use, occupy or maintain any building or structure or use any land in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter.

(b)

The filing or recording of a plat of a subdivision or development without the required approvals, as established by this chapter, is declared to be an offense and punishable as set forth in Section 8-7-160. The transfer of, sale, agreement to sell or negotiation to sell land or other use of a plat of a subdivision or development, as herein defined, that has not been approved by the Department and recorded in the office of the Clerk of the Superior Court of the County is prohibited; and the description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from penalties.

(c)

Work that is not authorized by an approved permit, that is not in conformance with the approved plans for the project or that is not in compliance with the provisions of this chapter or any other adopted code, regulation or ordinance of the City, is a violation of this chapter and shall be subject to an immediate stop work order issued by the Director. Work that proceeds without having received the necessary inspections by the Department shall be halted until all inspections of intervening work are complete.

(Code 1990, § 8-7-157; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 58, 11-18-2015)

Upon presentation of identification to the developer, contractor, owner, owner's agent, operator or occupants, employees of the City are authorized to make inspections of buildings or structures (their construction and use) and land (its use, development and subdivision) to determine whether they conform to the requirements of this chapter. Inspections shall be carried out during reasonable business hours, unless an emergency exists.

(Code 1990, § 8-7-158; Ord. No. 693, 8-18-2004)

(a)

If the Director, or his or her designee, determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or other provisions of this chapter, the Director or his or her designee, shall issue a written notice of violation to such applicant and the property owner, if different from the applicant. Such notice shall be delivered personally or by registered or certified mail, to the owner, sent to the billing address for the property for property tax purposes or to the address given on the application for the owner. If provided by registered or certified mail, a duplicate copy of the notice shall be mailed to the same address by first class mail. A copy of such notice shall also be delivered to the permit holder, if different from the owner, by personal delivery or by mailing first class to the address provided on the application. The date of such notice shall be the date of personal delivery or date of receipt of registered or certified mail, provide that where the registered or certified mail is not claimed with ten calendar days of mailing, the notice shall be effective on the third business day after the mailing of the first class copy of the notice. Where a person is engaged in activity covered by this chapter without having first secured a permit, the notice of violation shall be served on the owner and on the responsible person in charge of the activity been conducted on the site.

(b)

The notice of violation shall contain:

(1)

The name and address of the owner, the applicant, the responsible person or the alleged violator;

(2)

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, an approved site plan or the provisions of this chapter and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed;

(6)

A statement that the determination of violation may be appealed to the City Manager, or his or her designee, by filing with the City Clerk a written notice of appeal within 15 calendar days of the notice of violation, said notice required to be in the hands of the City Clerk by 5:00 p.m. on the last day of the 15-day period. Such notice shall include the phone number, email address and mailing address to be used for notice of hearing. For notices designated as an emergency situation constituting an immediate danger to the public health or public safety, any such appeal must be filed within 24 hours of the notice being given.

(b)

In the event the violation constitutes an immediate danger to public health or public safety, the Director, or his or her designee, is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and or restore the property. The director, or his or her designee is authorized to seek costs of the abatement as outlined in Section 8-7-161.

(Code 1990, § 8-7-159; Ord. No. 693, 8-18-2004; Ord. No. 1000, §§ 59—61, 11-18-2015)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for completion in the notice of violation, and the time for filing an appeal has expired, any one or more of the following remedy remedies may be taken by the City:

(1)

Stop work order. The Director, or his or her designee, may issue a stop work order that shall be served on the applicant or other responsible person. The stop work order shall be effective immediately and shall remain in effect until the applicant or other responsible person has taken the remedial actions set forth in the notice of violation or has otherwise cured the violation or violations described in the notice; provided that in an emergency situation constituting an immediate danger to public health or public safety, a stop work order may be issued contemporaneously with the notice of violation and shall be effective immediately; and provided further the stop work order may be withdrawn or modified by the City to enable the applicant or the responsible person to take the necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy. The Director, or his or her designee, may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant, or other responsible person, has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations describe therein.

(3)

Suspension, revocation or modification of permit. The Director, or his or her designee, may suspend, revoke or modify the permit authorizing the land development project, building permit or certificate of occupancy. A suspended, revoked or modified permit or certificate of occupancy may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations describe therein; provided such permit or certificate of occupancy may be in reinstated upon such conditions and restrictions as the Director, or his or her designee, deems necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Court action for injunction or nuisance. The City may institute an action in a court of competent jurisdiction and to enjoin further violation of this chapter. The Director may institute an action in Municipal Court to have the violation determined to be a nuisance and to order its abatement.

(5)

Citation. The Director, or his or her designee, may issue a citation requiring such person to appear in the Municipal Court of the City to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period of not more than six months, or both. Each act or violation and each day upon which any violation shall occur and be cited shall constitute a separate offense.

(6)

Remedies not exclusive.

a.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable Federal, State, or local law and the Director or his or her designee may seek cumulative remedies.

b.

The Director, or his or her designee, may recover attorney's fees, court costs and other expenses associated with enforcement of this chapter; including sampling and monitoring expenses.

(Code 1990, § 8-7-160; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 62, 11-18-2015)

Editor's note— Ord. No. 1000, § 62, adopted Nov. 18, 2015, changed the title of § 8-7-160 from "Penalties" to read as herein set out.

(a)

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation and the time to appeal has expired, or in the event of an appeal, the terms of the decision of the City Manager has not been complied with by any deadlines provided in that decision, then the Director, or his or her designee, may enter upon the subject private property and may take any and all measures necessary to abate the violation and/or restore the property to a lawful condition.

(b)

It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City, or is designated contractor, to enter upon the premises for the purposes set forth in Subsection (a).

(c)

Costs of abatement of the violation.

(1)

Within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The costs of abatement will be issued in writing and shall be served on the property owner in the same manner as provided in Section 8-7-159(a). The property owner may file a written appeal objecting to the amount of the assessment within 15 calendar days as provided in Section 8-7-159(b)(6).

(2)

If the amount due is not paid within a timely manner, as determined by the final decision of the City, or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property; and, upon recordation as required by O.C.G.A., § 9-12-86, shall constitute a lien on the property for the amount of the assessment.

(Code 1990, § 8-7-161; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 63, 11-18-2015)

Editor's note— Ord. No. 1000, § 63, adopted Nov. 18, 2015, changed the title of § 8-7-161 from "Abatement of violation" to read as herein set out.

(a)

An appeal for a noticed violation of the provisions of this chapter or of any other order of the Director, or his or her designee, issued in the enforcement of this chapter, may be made to the City Manager by filing a written notice of appeal within 15 calendar days after receipt of the notice of violation or other order from which appeal is taken. The City Manager may serve as the hearing officer or may designate a person to serve as hearing officer to hold the hearing.

(b)

The appeal shall include a written statement setting forth the factual basis for the appeal and shall provide a telephone number, email address and mailing address by which the appellant may be noticed of the hearing date. The appeal shall be filed with the City Clerk. The City Manager may require the submission of additional written evidence prior to hearing.

(c)

The appeal shall be scheduled for hearing no later than 30 days after receipt of a notice of appeal. Written notice of the hearing date shall be provided to the appellant at least 15 days prior to date established for hearing the appeal.

(d)

At the hearing the appellant has the right to be represented by counsel of his or her choosing and at his or her own expense. A tape recording shall be made of the hearing, and all documentary evidence shall be preserved. An appellant may engage a court reporter at his or her own expense. Both the Director and appellant are entitled to present evidence, to examine witnesses, and to cross examine witnesses presented by the other side. Should the appellant wish to secure the attendance of City employees at hearing, the appellant must present a list of desired witnesses, in writing, to the City Clerk no later than seven days in advance of the hearing date; and the City will ensure their attendance. Failure of a necessary witness to be available following designation is grounds for rescheduling of the hearing. The terms of this chapter shall be applied to the evidence submitted, and the City Manager, or his designate hearing officer, shall make his determination on the basis of the standards set out in this chapter.

(e)

A written decision on the appeal shall be prepared and issued no later than 30 days from the completion of the hearing. The decision shall be served on the appellant and the property owner, if different than the appellant, by the same means as set out for notice of violations in Section 8-7-159(a).

(f)

An appellant may appeal the decision of the City Manager or his or her designated hearing officer, within 30 days of the date of decision by Writ of Certiorari.

(Code 1990, § 8-7-162; Ord. No. 693, 8-18-2004; Ord. No. 1000, § 64, 11-18-2015)

(a)

Neither the approval of a plan under the provisions of this chapter nor the compliance with provisions of this chapter shall relieve any person from responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City for damage to any person or property.

(b)

The fact that land disturbing activity for which a 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 chapter or terms of the permit.

(Code 1990, § 8-7-163; Ord. No. 693, 8-18-2004)