It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure or use any land in the County, or cause the same to be done, contrary to or in violation of the provisions of this Unified Development Ordinance. Unless otherwise specified in any chapter or section of this Unified Development Ordinance, any violation of this Unified Development Ordinance shall be subject to the procedures set forth in this Chapter.

Work for which a permit is required by this Unified Development Ordinance(UDO) shall be subject to inspection by authorized County representatives or employees upon presentation of County identification to the developer, contractor, owner, owner's agent, operator, or occupants during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property. Where it is necessary to make an inspection to enforce the provisions of this UDO, where the Director of Planning and Development or authorized County representative or employee has reasonable cause to believe that there exists upon a premises or property a condition which is contrary to or in violation of this UDO, the Director of Planning and Development or authorized County representative or employee is authorized to enter the property or premises at reasonable times to inspect or to perform the duties imposed by this UDO, provided that if property or premises is occupied that credentials will be presented and entry requested. If such property or premises is unoccupied, the Director of Planning and Development or authorized County representative or employee shall first make a reasonable effort to locate the owner or other person having charge or control of the property or premises and request entry.

120-20.1 If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the authorized representative or employee shall make the necessary arrangements to allow access to the Director of Planning and Development.

120-20.2 The owner or operator shall allow the Director of Planning and Development access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measuring, recording, enforcing, sampling, testing, photography, and videotaping for the purpose of ensuring compliance with the provisions of this Unified Development Ordinance. The owner or operator shall allow the Director of Planning and Development to examine and copy any records that are required under the conditions of any permit granted under this Unified Development Ordinance.

120-20.3 The Director of Planning and Development shall have the right to set up on any premises, property or facility such devices as are necessary to conduct any of the procedures as described in sec. 120-20.2.

120-20.4 The Director of Planning and Development may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the Department of Planning and Development. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense.

120-20.5 Any temporary or permanent obstruction to safe and easy access to, or from the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Director of Planning and Development and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

120-20.6 Unreasonable delays in allowing the Director of Planning and Development or access to a facility, property or premises shall constitute a violation of this Unified Development Ordinance.

120-20.7 If the Director of Planning and Development or authorized County representative or employee has been refused access to any part of a premises, property or facility and the Director of Planning and Development is able to demonstrate probable cause to believe that there may be a violation of this Unified Development Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Unified Development Ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Director of Planning and Development or authorized County representative or employee may seek an inspection warrant in accordance with Georgia law.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 13), 9-26-2023)

120-30.1 Whenever the Director or any authorized County representative or employee determines that any violation of this Unified Development Ordinance is taking place, or that a condition of rezoning, special use permit, variance, or other permit or administrative approvals are not complied with, said Director may present to the owner, owner's agent, or the owner, occupier, or party responsible for such use or activity, a notice of violation and or order the use or activity to cease immediately.

120-30.2 The notice shall contain the following information:

A.

The name and address of the owner or responsible person,

B.

The location or address of the site upon which the violation is occurring,

C.

A description of the nature of the violation,

D.

A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this Unified Development Ordinance,

E.

The deadline or completion date of any such remedial actions or measures,

F.

A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the Notice of Violation is directed.

120-30.3 If the violation has not been corrected within a reasonable length of time, which shall not exceed 14 days, the owner of the property on which such violation has occurred or the agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this Chapter, provided that either the Director may, at his/her discretion, extend the time for compliance with any such notice.

120-30.4 The Director shall have authority to issue a warning notice prior to issuance of a notice of violation for any violation set forth in Section 120-40. A warning notice shall be discretionary when circumstances warrant such action in the opinion of said Director and shall under no circumstances be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include requirements set forth in Section 120-30.2. If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended in writing by said Director, said Director may proceed with a notice of violation or other authorized enforcement action.

120-40.1 Whenever any building, structure, or premises is being developed, demolished, expanded, renovated, constructed, used, or occupied contrary to the provisions of this Unified Development Ordinance, or the public interest is otherwise threatened in a manner requiring immediate action, the Director may order the work stopped and said stop work order shall be posted on the property and delivered or mailed to the owner or person performing said unlawful work.

120-40.2 Stop work orders are effective immediately and shall remain in effect until necessary corrective actions or remedial measures as set forth in the notice of violation have occurred. Stop work orders may be withdrawn or modified by the Director in order to enable an owner or responsible person to take necessary remedial actions or measures to correct violations.

120-50.1 Director Authorized to Suspend or Stop Work and Direct Corrections. In any case in which activities are undertaken in violation of this Ordinance, not in compliance with the provisions of a permit issued under the authorization of this Ordinance, or without authorization of a permit which would otherwise be required, the Director is hereby authorized to suspend or invalidate such permits, order that all unauthorized or improper work be stopped, direct correction of deficiencies, issue summonses to any court of competent jurisdiction, or take any other legal or administrative action appropriate to the severity of the violation and degree of threat to the public health, safety, and welfare.

120-50.2 The Director may suspend, revoke, or modify any permit issued authorizing land disturbing activities or development, or suspend, revoke, or modify any certificate of occupancy for any land, building, or structure that is being constructed, used, or occupied in violation of any provision of this Unified Development Ordinance in order to protect the health, safety, and general public welfare. The Director is authorized to reinstate a suspended, revoked, or modified permit or certificate of occupancy after the owner or responsible person has taken the remedial actions or measures stated in the notice of violation with an approved inspection, or has otherwise corrected the violations described therein. The Director is also authorized to reinstate such permit, which may include conditions as the Director may deem necessary, to enable the owner or responsible person to take the necessary remedial actions or measures to correct the violations.

When any violation of this Unified Development Ordinance takes place, the provisions set forth in this Chapter shall apply. However, enforcement and penalty provisions set forth elsewhere in any other Chapter or Section of this Unified Development Ordinance shall be applicable as therein provided and such enforcement and penalties may be applied in addition to those enforcement and penalty provisions available in this Chapter.

120-70.1 In case any building or structure is, or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of any provision of this Unified Development Ordinance, a duly authorized officer or employee of the County may issue a citation requiring the violator to appear in the Recorders Court of Gwinnett County.

120-70.2 The owner of any buildings or premises or parts thereof, where anything in violation of this Ordinance exists, and any builder, contractor or any other agent of the owner, or any tenant, who commits or assists in the commission of any violation shall be guilty of a separate offense.

120-70.3 Each day any violation of any provision of this Unified Development Ordinance shall continue shall constitute a separate offense.

120-70.4 Any person, firm or corporation found in violation of any provision of this Unified Development Ordinance by the Recorders Court of Gwinnett County shall be punished either by a fine of not less than $250 nor more than $1,000, or by confinement in the County jail for a total term not to exceed 60 days, or both.

In any case in which a violation of this Unified Development Ordinance has occurred, the County may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity. The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and the Department charged with enforcement of the particular provision of the UDO may seek cumulative remedies. The Department charged with enforcement of the particular provision of the UDO may also recover attorney's fees, court costs, and other expenses associated with enforcement of this Chapter.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 14), 9-26-2023)

This appeals process applies in all cases except those relating to zoning activities or as stated elsewhere in this Unified Development Ordinance (UDO).

120-90.1 Administrative Appeal. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any official of the County affected by any decision by the Director of Planning and Development. Such appeal shall be taken within fifteen days after the decision appealed from by filing with the Director of Planning and Development and with the Zoning Board of Appeals a Notice of Appeal specifying the grounds thereof. The Department of Planning and Development Director shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

120-90.2 An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Planning and Development certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by the Zoning Board of Appeals or by a restraining order granted by a court of record on application and notice to the Director of Planning and Development for good cause shown.

120-90.3 Any person aggrieved by a decision or order of the Zoning Board of Appeals or Board of Commissioners, shall have the right to appeal in the manner provided by law.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 15), 9-26-2023)

This Unified Development Ordinance (UDO) shall not create any duty or right of recovery against Gwinnett County's officials and employees. The inspection or permitting of activity or plan by Gwinnett County, under the requirements of this UDO, is not intended to be construed as a representation or warranty of the physical condition of the site or property or the adequacy of such plans. Neither Gwinnett County nor any official or employee thereof shall be liable for damages to person or property for any defect or hazardous or illegal condition or inadequacy in such activity or plans. Neither Gwinnett County nor any of its officials or employees shall have any liability for any act or failure to act pursuant to the provisions of this UDO.

(Ord. No. UDOA2023-00002(GCID 2023-0604), Exh. A(§ 16), 9-26-2023)

TITLE 2: LAND USE AND REZONING