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Greenville City Zoning Code

ARTICLE U

ADMINISTRATION, ENFORCEMENT, PENALTIES

SEC. 9-4-349 DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES INTERPRETS.

   It is the intent of this chapter that all questions of interpretation shall be the responsibility of the Director of Planning and Development Services.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

SEC. 9-4-350 DUTIES OF CITY COUNCIL.

   (A)   It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall be to:
      (1)   Consider, and act upon proposed amendments to this chapter; and
      (2)   Establish a schedule of fees and charges for this chapter as set forth in the City of Greenville Manual of Fees.
   (B)   The duties of the City Council shall not include hearing and deciding questions of interpretation and enforcement that arise.
(Ord. No. 2337, § 1, passed 6-13-1991)

SEC. 9-4-351 ENFORCEMENT AND APPEALS.

   The Zoning Enforcement Officer shall be responsible for the enforcement of this chapter. The Zoning Enforcement Officer may provide for the enforcement of this chapter by means of withholding permits and/or issuance of civil citation(s) in accordance with section 9-4-356 of this article. He or she may provide for enforcement by instituting injunction, mandamus or other appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use; to correct or abate the violation; or to prevent the occupancy of the building, structure or land. If a decision of the Zoning Enforcement Officer is questioned, the aggrieved person may appeal the decision to the Board of Adjustment in accordance with applicable procedure and law.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 97-93, § 4, passed 9-11-1997)

SEC. 9-4-352 PERMITS REQUIRED.

   No land, building or structure shall be used, no building, sign or structure shall be erected, and no existing building, sign or structure shall be moved, expanded, enlarged or altered until the Director of Planning and Development Services has approved the use or construction in accordance with the provisions of this chapter.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

SEC. 9-4-353 CERTIFICATE OF OCCUPANCY.

   A certificate of occupancy issued by the Building Inspector is required in advance of occupancy or use of a building hereafter erected, altered or moved; and for a change of use of any building or land. It shall be unlawful to occupy any building or structure without a certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or structure conforms to the applicable provisions of these regulations.
(Ord. No. 2337, § 1, passed 6-13-1991)

SEC. 9-4-354 REMEDIES.

   Where any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Zoning Enforcement Officer, Building Inspector, any other appropriate city authority, or any person who would be damaged by the violation, may, in addition to other remedies, institute an action for injunction, mandamus or other appropriate action or proceeding to prevent the violation.
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 97-93, § 5, passed 9-11-1997)

SEC. 9-4-355 REVOCATION OF PERMITS AND CERTIFICATES.

   A stop-work order may be issued or a building permit or certificate of occupancy may be revoked by the Building Inspector when the method of moving, construction, alteration, repair or use violates any provision of these regulations or any state or local law, ordinance or resolution. Upon notice, any further work upon the moving, construction, alteration or repair of a building or structure, or further use of a building, structure or land shall be deemed a violation.
(Ord. No. 2337, § 1, passed 6-13-1991)

SEC. 9-4-356 PENALTIES FOR VIOLATIONS.

   (A)   Any violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty as follows:
      (1)   In the amount of $50 for each offense on the first day of the offense;
      (2)   In the amount of $100 for each offense either on the second day of the offense, or when the offense is a second offense within a 12-month period; and
      (3)   In the amount of $250 for each offense either on the third day and on each subsequent day of the offense, or when the offense is the third or subsequent offense within a 12-month period.
   (B)   Violators shall be issued a written citation which must be paid within 72 hours. If a person fails to pay the civil penalty within 72 hours, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
   (C)   This chapter may also be enforced by any appropriate equitable action.
   (D)   Each day that any violation continues shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Notwithstanding the foregoing, the Zoning Enforcement Officer may invoke the escalating civil penalties authorized by subsection (A) whenever the violation continues and there has been sufficient time for the violation to be corrected after notification that the violation exists or whenever the violation has occurred previously during a 12-month period.
   (E)   Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
   (F)   The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
   (G)   In lieu of the civil penalty set forth in subsection (A), a violator shall be subject to a civil penalty in the amount of $500 for each day whenever the violation involves either the requirement to maintain flags as set forth in section 9-4-227(D)(1), or the requirement to maintain or remove balloons each day as set forth in section 9-4-227(D)(2).
(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 98-35, § 1, passed 3-12-1998; Ord. No. 99-4, § 6, passed 1-14-1999)
   (H)   In lieu of the civil penalty set forth in subsection (A), a violator shall be subject to a civil penalty in the amount of $25 for each day whenever the violation involves either:
      (1)   The parking area surface material requirement set forth in section 9-4-248(A);
      (2)   The maximum front yard area parking coverage requirement set forth in section 9-4-248(D), and (E); or
      (3)   The parking, storage and/or maneuvering requirements set forth in section 9-4-248(F).
(Ord. No. 05-63, § 1, passed 6-9-2005)