It shall be the duty of each governmental agency (usually the building inspector) to enforce the provisions of this ordinance and resolution within the police jurisdiction of the City of Eastman in the manner and form and with the powers provided in laws of the State of Georgia and in the city charter of the City of Eastman. Every official and employee of the City of Eastman, Georgia, who is vested with the duty or authority to issue a building permit shall conform to the provisions of this ordinance and resolution and shall not issue a permit or license for any use, building, or purpose if the same is in conflict with any provision of this ordinance and resolution.

Any permit or license or certificate issued in conflict with the provisions of this ordinance and resolution or through error shall be null and void.

(132.1)

All applications for building permits shall be to the appropriate governmental unit and accompanied by plans in duplicate, drawn in such a way that they will show the approximate shape and dimensions of the lot to be built upon, the approximate location on the lot of the proposed buildings or structures, the distance in feet from the property line and the approximate size and location of any existing structures on the lot.

The lot and location of the building thereon shall be staked out on the ground and approved by the building inspector before starting any construction.

A certificate of occupancy shall be required for any of the following conditions:

(133.1)

Occupancy and use of a building hereafter erected or enlarged.

(133.2)

Change in use of an existing building to a different use classification (e.g. residential to commercial, etc.).

(133.3)

Any change in a nonconforming use.

No such occupancy, use, or change of use shall take place until the certificate of occupancy therefor shall have been issued by the building inspector, city manager, or direct permission from the city council.

After submitting plans to the governmental agent and upon the issuance of a building permit, the applicant shall have complied with this ordinance and resolution for all purposes, provided said building is constructed in accordance with approved plans and the applicable codes of the City of Eastman.

No existing building or other structure shall be moved into any zone unless in conformance with the provisions of this ordinance and resolution and until written approval therefor shall be granted by the governmental agent.

Any person, firm, or corporation, whether as principal, agent, employee, or acting in any capacity, who violates any of the provisions of this ordinance and resolution shall be fined not more than one hundred dollars ($100.00) or imprisoned thirty (30) days for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Applications: The city shall process all sign permit applications within thirty (30) business days of the city's actual receipt of a completed application and accompanying sign permit fee. The clerk shall give notice to the applicant of the decision of the city by hand delivery or by mailing a notice, by mail, to the address on the permit application on or before the 30th business day after the city's receipt of the completed application and fee. If mailed, notice shall be deemed to have been given upon the date of mailing.

Appeals: The following procedure shall govern the appeal of any decision, order, requirement or determination made by the building inspector in enforcement of this ordinance, and as amended, including the denial of any application for a sign permit:

(1)

Any applicant or person aggrieved or affected by the denial or grant of an application or decision may appeal the determination to the city council by filing a written notice of appeal with the building inspector within thirty (30) days following the decision. The appeal shall be heard within thirty (30) working days of the filing of the written notice of appeal.

(2)

The city council shall have thirty (30) days following the hearing to issue a written decision.

(3)

Any party aggrieved or affected by the decision of the city council may file a writ of certiorari with the superior court pursuant to O.C.G.A. § 5-4-1.

(Ord. of 11-23-2015)

If any building or structure is erected, constructed, reconstructed, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance [and resolution], the city, the county, building inspector, any other appropriate authority, or any adjacent or other property owner, in addition to other remedies, may institute injunction, mandamus or other appropriate civil action or proceedings to stop the violation in such case.

If in the opinion of the governing body, and based upon the judgment of a qualified health official, any building, structure, or use is deemed to create a health hazard to the community or to adjacent property owners, said governing body shall institute injunction, mandamus, or other appropriate civil actions to cause such hazard to cease.

(A)

Any person constructing or altering an existing structure, within the jurisdiction of the City of Eastman and within a three (3) mile radius of the Heart of Georgia Regional Airport must complete and submit to the Federal Aviation Administration (FAA) form 7460-1 prior to submitting a request for permit with the City of Eastman Building Inspector. A copy of the submission and FAA response will be required when applying for a permit.

(B)

Any person constructing or altering an existing structure, within the jurisdiction of the City of Eastman and between a three (3) and five (5) mile radius of the Heart of Georgia Regional Airport must complete and submit to the Federal Aviation Administration (FAA) form 7460-1, if the structure will exceed a height of two hundred (200) feet, prior to submitting a request for permit with the City of Eastman Building Inspector. If required to file, a copy of the submission and FAA response will be required when applying for a permit.

(C)

Any person constructing or altering an existing structure, within the jurisdiction of the City of Eastman and further than five (5) mile radius of the Heart of Georgia Regional Airport will not be required submit the Federal Aviation Administration (FAA) form 7460-1.

(Ord. No. 2025-001, §§ 1, 2, 2-10-2025)