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Habersham County Unincorporated
City Zoning Code

ARTICLE XIV

ADMINISTRATION, INTERPRETATION, ENFORCEMENT, PENALTIES, AND REMEDIES

Sec. 68-1401.- Administration and interpretation.

The administrative officer shall be responsible for interpretation of the provisions of this chapter and for maintenance of the official land use district map, subject to general direction of the planning commission.

(Ord. of 12-21-2020)

Sec. 68-1402. - Enforcement.

The provisions of this chapter shall be enforced by the administrative officer.

(Ord. of 12-21-2020)

Sec. 68-1403. - Land disturbing activity permit required.

(a)

A land disturbing activity permit shall be required for any proposed use of land(s) or building(s) to indicate and ensure compliance with all provisions of this chapter and Chapter 26 of the OCHC before any building permit is issued or any improvement, grading, land disturbing activity, or alteration of land(s) or building(s) commences provided, however, that land disturbance permits shall not be required for single-family residences on individual lots.

(b)

All land-disturbing activity permits shall be issued by the administrative officer, who shall in no case approve a land disturbance permit for the use, construction or alteration of any land or building if the land or building as proposed to be used, constructed or altered would be in violation of any of the provisions of this chapter or any other codes and laws

(c)

A land disturbance permit shall not be issued until an approved plat has been submitted with the application.

(Ord. of 12-21-2020)

Sec. 68-1404. - Building permit required.

No building, structure or sign shall be erected, moved, extended, enlarged or structurally altered until a building permit has been issued, except as specifically identified below:

(a)

Structures no greater than 200 square feet in size located on any lot of record in Habersham County.

(b)

Signs as set forth in section 201 of this chapter.

Although not required to obtain a building permit, the above-referenced structures shall obtain applicable permits for the connection of electricity, plumbing, mechanical, heating equipment and fuel gas piping.

Building permits shall become invalid unless the work authorized by it commences within 180 days of the date of issuance or if the work authorized by it is suspended or abandoned for a period of 180 days or more.

(Ord. of 12-21-2020)

Sec. 68-1405. - Certificate of occupancy required.

A certificate of occupancy issued by the administrative officer is required in advance of occupancy or use of any lot or change or extension in the use of any lot, any building or structure hereafter erected or any change in the use of an existing building or structure.

All certificates of occupancy shall be issued by the administrative officer and no such certificate shall be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter. Business licenses shall not be issued until the business conforms to the regulations of the district in which it is located and a valid certificate of occupancy is issued.

(Ord. of 12-21-2020)

Sec. 68-1406. - Penalties for violation.

Any person, firm or corporation violating, neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $500.00 for each offense or a sentence of imprisonment not exceeding 60 days in jail or to work on the streets or public works for a period not exceeding 60 days or as determined by the court of proper jurisdiction provided, however, that the following minimum fines are hereby established for specific actions which violate this chapter:

(a)

Failure to obtain location decal by owner under section 68-703(b): Penalty is as set forth in section 68-703(d)(2); and

(b)

Moving mobile home/manufactured home for which no relocation permit has been issued under section 68-703. Penalty is as noted in section 68-703(d)(3).

(Ord. of 12-21-2020)

Sec. 68-1407. - Remedies.

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 chapter, the administrative officer or any other appropriate authority may, in addition to other remedies and after due notice to the owner of the violation, issue a citation for violation of this chapter requiring the presence of the violator in the court of proper jurisdiction; institute injunction or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation or to prevent the occupancy of such building, structure or land. Where a violation of this chapter exists with respect to a structure or land, the administrative officer may, in addition to other remedies, require that public utility service be withheld therefrom until such time as the structure or premises is no longer in violation of this chapter.

(Ord. of 12-21-2020)

Sec. 68-1408. - Jurisdiction for enforcement.

The boundaries of the area of jurisdiction of this chapter shall be the boundaries of Habersham County, excluding that land which lies within the boundaries of any municipality within the county. The land within these municipalities may be included under this chapter only after legal action is taken by the individual governing bodies of these municipalities to lawfully adopt this chapter.

(Ord. of 12-21-2020)

Sec. 68-1409. - Administrative procedures.

The Habersham County Planning Commission and governing authority may supplement these regulations as necessary with administrative procedures so that the regulations may be more effectively and consistently applied. These administrative procedures must be explicitly recorded in the minutes of Habersham County Planning Commission and the governing authority.

(Ord. of 12-21-2020)