This chapter establishes procedures through which the city seeks to ensure compliance with the provisions of this ZDO and obtain corrections for ZDO violations. It also sets forth the remedies and penalties that apply to violations of this ZDO. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

(Ord. 05-10, passed 3-23-10)

   Compliance with all the procedures, standards, and other provisions of this ZDO is required by all persons owning, developing, managing, using, or occupying land or structures in Folly Beach.

(Ord. 05-10, passed 3-23-10)

   (A)   Failure to comply with ordinance or term or condition of approval constitutes ordinance violation. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this ZDO, or the terms or conditions of any permit or other permit approval or authorization granted in accordance with this ZDO shall constitute a violation of this ZDO punishable as provided in this chapter.

   (B)   Permits or permit approvals only authorize development approved. Permits or permit approvals issued on the basis of applications approved by the City Council, Planning Commission, Zoning Board of Appeals (ZBA), Building Official, or other officials, authorize only the use, arrangement, location, design, density or intensity, and development set forth in such permits or permit approvals, and no other use, arrangement, location, design, density or intensity, and development.

   (C)   Violations run with the land. Violations of this ZDO shall run with the land where the violation occurred, and shall not be voided by sale or transfer.

(Ord. 05-10, passed 3-23-10)

   It shall be a violation of this ZDO to do any of the following:

   (A)   Develop land or a structure without first obtaining the appropriate permit or permit approval.

   (B)   Develop land or a structure without complying with the terms or conditions of the permit or permit approval required to engage in development.

   (C)   Occupy or use land or a structure in violation of the terms or conditions of the permit or permit approval.

   (D)   Subdivide land without first obtaining the appropriate permit or permit approvals required to engage in subdivision.

   (E)   Subdivide land without complying with the terms or conditions of the permit or permit approval required to engage in development.

   (F)   Excavate, grade, cut, clear, pave, cover, or undertake any land disturbing activity without first obtaining all appropriate permits and permit approvals, and complying with their terms and conditions.

   (G)   Remove existing trees, or prune any limb greater than 6 inches diameter at the nearest juncture, without first obtaining appropriate permits and permit approvals, and complying with their terms and conditions.

   (H)   Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permit or permit approval.

   (I)   Fail to remove any sign installed, created, erected, or maintained in violation of this ZDO, or for which the sign permit, § 162.03-11, has lapsed.

   (J)   Create, expand, replace, or change any nonconformity except in compliance with this ZDO.

   (K)   Reduce or diminish the requirements or development standards below the minimum required by this ZDO.

   (L)   Increase the intensity or density of development, except in accordance with the standards of this ZDO.

   (M)   Through any act or omission, fail to comply with any provisions, procedures, or standards as required by this ZDO.

   (N)   Demolish a principal structure without appropriate permits.

(Ord. 05-10, passed 3-23-10; Am. Ord. 25-16, passed 1-10-17)

   Any person who violates this ZDO shall be subject to the remedies and penalties set forth in this chapter.

(Ord. 05-10, passed 3-23-10)

   The Zoning Administrator shall be responsible for enforcing the provisions of this ZDO.

(Ord. 05-10, passed 3-23-10)

   When the Zoning Administrator finds a violation of this ZDO, the Zoning Administrator shall notify, in writing, the person violating this ZDO. Such notification shall indicate the nature of the violation, order the necessary action to abate the violation, and give a deadline for correcting the violation. If a violation is not corrected within a reasonable period of time, as provided in the notification, Zoning Administrator shall take appropriate action, as provided in § 169.06-01, Remedies and Penalties Available to City, to correct and abate the violation and to ensure compliance with this ZDO.

(Ord. 05-10, passed 3-23-10)

   Whenever a violation of this ZDO occurs, or is alleged to have occurred, any person may file a complaint. Such complaint shall state fully the alleged violation and the basis for the alleged violation, and shall be filed with the Zoning Administrator, who shall maintain a record of the complaint. The complaint shall be investigated promptly by the Zoning Administrator as provided in § 169.05-04, Inspections to Ensure Compliance, and action taken to abate or correct the violation.

(Ord. 05-10, passed 3-23-10)

   Upon presentation of proper credentials, the Zoning Administrator may enter upon land or inspect any structure to ensure compliance with the provisions of this ZDO. These inspections shall be carried out during normal business hours unless the Zoning Administrator determines there is an emergency necessitating inspections at another time.

(Ord. 05-10, passed 3-23-10)

   The city may use any combination of the following enforcement actions, remedies, and penalties to correct, stop, abate or enjoin a violation of this ZDO:

   (A)   Citation noting violation. The Zoning Administrator may issue a citation to the person responsible for violating this ZDO, requiring the person to abate the violation.

   (B)   Stop order. The Zoning Administrator or City Attorney may issue and serve upon a person violating this ZDO a stop order requiring that the person to stop all actions in violation of this ZDO.

   (C)   Permit revocation. Any permit, permit approval, or other form of authorization required under this ZDO may be revoked if the Zoning Administrator determines that:

      (1)   There is a failure to comply with the approved permit, permit approval, plans, specifications, or terms or conditions required under the permit or permit approval;

      (2)   The permit or permit approval was procured by false representation; or

      (3)   The permit or permit approval was issued in error.

Written notice of revocation shall be served upon the landowner, the landowner's agent, applicant, or other person to whom the permit or permit approval was issued, and such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

   (D)   Removal or demolition of illegal structures. The Zoning Administrator may order the removal of illegal buildings or structures, including additions, alterations, or structural changes thereto which have been made in violation of this ZDO.

   (E)   Civil remedies. In addition to all other remedies and penalties outlined in this chapter, the Zoning Administrator or City Attorney may institute an action or proceeding for injunction or mandamus or other appropriate action or proceeding to prevent, abate, or correct a violation of this ZDO or to prevent the occupancy of a structure or land that is in violation of this ZDO. Each day a person violates this ZDO shall be considered a separate offense.

   (F)   Criminal remedies. Any person who violates this ZDO or fails to comply with any of its requirements is guilty of a misdemeanor and upon conviction, may be fined in the discretion of the court, or imprisoned not more than 30 days, or both. Each day the violation continues shall be considered a separate offense.

(Ord. 05-10, passed 3-23-10)

   In addition to the remedies and penalties provided in § 169.06-01, Remedies and Penalties Available to City, signs that are in violation of the provisions of this ZDO shall be subject to the following:

   (A)   Notice of violation.  

      (1)   The Zoning Administrator may send notice to the sign owner, stating the nature of the violation and granting an appropriate period of time to correct the violation.

      (2)   Notice may be provided to the sign owner, tenant or landowner by regular mail addressed to the last known address, or by facsimile, or both, as is reasonable under the circumstances.

   (B)   Impoundment. The Zoning Administrator may impound the sign and send notice stating the sign has been impounded, the reason for the impoundment, and the process for claiming the sign. An impounded sign shall be held for ten calendar days from the date of the notice, during which time the sign owner may recover the sign. If the sign is not claimed within the ten-day period, the Zoning Administrator may dispose of the sign without compensation to the sign owner.

   (C)   Posting of violation sticker. The Zoning Administrator may post the sign with a "violation" sticker, which shall not be removed by anyone other than the Zoning Administrator.

   (D)   Damage to street signs. When existing street signs are damaged during construction or on-site activities, the owner/developer shall be required to replace or repair the street sign.

(Ord. 05-10, passed 3-23-10)

   The remedies provided for violations of this ZDO, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(Ord. 05-10, passed 3-23-10)