Zoneomics Logo
search icon

Cornelia City Zoning Code

ARTICLE XIII

ADMINISTRATION AND ENFORCEMENT

Sec. 42-250.- Zoning administrator.

This chapter shall be administered and enforced by the zoning administrator, who shall have the duties and authority with respect to this chapter as provided in the various articles and sections of this chapter and those necessarily implied by said provisions.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-251. - Building official.

The

building official is hereby authorized to enforce and administer the following provisions of this chapter:

(1)

Issue building permits in accordance with all provisions of this chapter and only after the zoning administrator has issued a development permit or approved the building permit as meeting the requirements of this chapter;

(2)

Make field inspections to determine that the building or structure being constructed, reconstructed or structurally altered or used is being pursued in accordance with the site plan for which a development and building permit has been issued. Such inspections and report of findings shall be made within two working days of the date an inspection is requested by the developer. When a violation is found to exist, the building official shall immediately advise the zoning administrator of the violation so that appropriate legal action may be taken to ensure compliance; and

(3)

Ensure that all construction has been completed in accordance with all applicable city code requirements prior to allowing occupancy.

(Ord. No. 12-22-20, 1-5-2021)

Sec. 42-252. - Violations, remedies and penalties.

42-252.1.

Generally. Any action or inaction which violates the provisions of this chapter or the requirements of an approved site plan or permit may be subject to any or all of the enforcement actions and remedies described in this section.

42-252.2.

Stop work order. The zoning administrator, building official or other enforcement official of the city upon learning or discovering a violation of this chapter or any approved site plan or permit issued pursuant to this chapter may immediately issue a stop work order which shall be posted on the job site and mailed to the applicant shown on the permit or approved site plan. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

42-252.3.

Notice of violation. Prior to or concurrent with the issuance of a stop work order, if the zoning administrator, building official, or other officer responsible for inspection and enforcement of the terms of this chapter determines that an applicant or other responsible firm, person or corporation has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this chapter, said officer shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this chapter without having first secured the appropriate permit there for, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

42-252.4.

Content of notice of violation. Notices of violation shall contain the following:

(1)

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

(2)

The address or other description of the site 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, the approved site plan or this chapter and the date for the completion of such remedial action, and a date set forth for completion of remedial measures, after which further enforcement action will be taken;

(5)

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

42-252.5.

Failure of remedial measures. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more actions or penalties described in this section as appropriate may be taken or assessed against the person to whom the notice of violation was directed.

42-252.6.

Withholding or revocation of certificate of occupancy. The building official or any other enforcement officer of the city may at any time refuse to issue, or revoke, a certificate of occupancy for the building or other improvements constructed or being constructed on the site in violation of this chapter 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 described therein.

42-252.7.

Suspension, revocation or modification of permit. The zoning administrator, building official, or other enforcement officer of the city may suspend, revoke or modify any permit or approval authorizing an activity or land development project. A suspended, revoked or modified permit 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 described therein, provided such permit may be reinstated (upon such conditions as the enforcement officer may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

42-252.8.

Denial of additional permits. The city is authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this chapter where the applicant, applicant's business or agent has failed or refused to comply with this chapter.

42-252.9.

Suspension or revocation of business registration. The city may revoke business registrations, work permit or other authorization for the unlawful conduct of any activities within the jurisdictional boundaries of the city.

42-252.10.

Withholding of utility service. Any enforcement officer of the city may request or direct any utility service provider to withhold utility service to any property on which a violation is alleged to have occurred.

42-252.11.

Penalty assessed administratively. The City of Cornelia through authorized enforcement personnel may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremediated after receipt of the notice of violation.

42-252.12.

Citation. Any enforcement officer of the city shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction.

42-252.13.

Civil penalties. Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this chapter, or any site plan approval or permit issued pursuant to this chapter shall be guilty of a misdemeanor. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance. Any violation of any such provision of this chapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by a combination of such punishments. Each day any violation of this chapter shall continue shall constitute a separate offense.

(Ord. No. 12-22-20, 1-5-2021)