This article sets out the structure for administering and enforcing this ordinance, including the creation, powers and duties of the Planning Commission, and the responsibilities and procedures of the Building Inspector in carrying out enforcement activities.

(Ord. of 5-10-96)

From time to time, the Board of Commissioners may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this ordinance, and may adopt schedules of dates and times as appropriate and necessary to regulate the application, review and hearing process required by this ordinance.

(Ord. of 5-10-96)

a.

A Planning Commission is hereby created. The Planning Commission shall consist of five (5) members, who shall be residents of the city.

b.

The members of the Planning Commission shall be appointed by the Board of Commissioners. Each member shall be appointed to a two (2) year term, beginning on July 1 of each even-numbered calendar year.

c.

A member of the Planning Commission may be appointed to successive terms, and shall continue to serve if their term expires until a successor is appointed.

d.

Members may be removed from the Planning Commission by a majority vote of the Board of Commissioners for cause, for absenteeism at three successive called meetings, or for other reasons the Board deems appropriate.

e.

When a position becomes vacant before the end of a term, the Board of Commissioners shall appoint a new member for the duration of the term remaining.

(Ord. of 5-10-96)

a.

The Planning Commission shall elect a chairperson and a vice chairperson from its members who shall serve for one year or until re-elected or until their successors are elected. The Planning Commission may adopt such rules and procedures as appropriate and not in conflict with this ordinance.

b.

The Planning Commission shall meet on the fourth Thursday of each month upon the call of the City Manager if there is business to be brought before it. Other meetings of the Planning Commission shall be held at the call of the Planning Commission or the City Manager or at such other times as the Planning Commission may determine. All meetings of the Planning Commission shall be open to the public.

c.

All Planning Commission members attending a meeting shall vote on each matter placed before it A member may abstain from voting only in the instance of a conflict of interest.

d.

A majority of the entire Planning Commission shall constitute a quorum. The affirmative vote of at least three (3) members of the Planning Commission shall be necessary to approve any decision or recommendation.

e.

The City Manager shall serve as secretary to the Planning Commission. The secretary shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be of public record.

f.

The results of each Planning Commission meeting as to their actions and recommendations shall be posted in a public place at City Hall by the City Manager. The results shall be posted for a period of at least two (2) weeks following the Planning Commission meeting.

(Ord. of 5-10-96; Ord. No. 2025-4, § 2, 9-8-25)

a.

The Planning Commission shall have the duty and responsibility to conduct a public hearing on each application for rezoning or conditional use approval, to review the application in accordance with the standards and procedures set forth elsewhere in this ordinance, and to make such recommendations to the Board of Commissioners as it deems appropriate on each application.

b.

The Planning Commission shall also have the duty and responsibility to conduct a public hearing on any proposed amendment to the text of this ordinance, to review such proposed amendment in accordance with the standards and procedures set forth elsewhere in this ordinance, and to make such recommendation to the Board of Commissioners as it deems appropriate.

c.

The Planning Commission shall also have the authority to initiate on its own motion a zoning change or an amendment to the text of this ordinance when, in its determination, such changes are appropriate for consideration.

d.

The Planning Commission shall have the power and authority to grant project approval to a development project through approval of a preliminary subdivision plat or site plan, in accordance with the procedures set forth elsewhere in this ordinance.

e.

The Planning Commission shall also have such other powers, duties or responsibilities as assigned to it by the Board of Commissioners.

(Ord. of 5-10-96)

a.

The Building Inspector shall have the power to conduct such investigations as he may reasonably deem necessary to carry out the duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspection.

b.

No person shall refuse entry or access to any authorized representative or agent of the City, the Georgia Soil & Water Conservation Commission, the Ocmulgee Soil & Water Conservation District, or the Georgia Environmental Protection Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(Ord. of 5-10-96)

a.

Periodic Inspections. The Building Inspector will periodically inspect the sites of land disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the erosion and sediment control plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land disturbing activities as defined herein has failed to comply with the approved erosion and sediment control plan, with development permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance.

b.

Failure to obtain a development permit for land disturbing activity. If any person commences any land disturbing activity requiring a development permit prescribed in this ordinance without first obtaining said development permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the City.

c.

Stop-Work Orders. Upon notice from the City, work on any project that is being done contrary to the provisions of this ordinance or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where in the opinion of the Building Inspector an emergency exists, no written notice shall be required.

(Ord. of 5-10-96)

a.

Inspection. If the Building Inspector finds that a provision of this ordinance relating to the use or occupancy of land or buildings, or relating to the site design standards of this ordinance, or relating to a condition of approval established by the Board of Commissioners in connection with a grant of variance or zoning change is being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the Building Inspector shall have authority to issue citations and to prosecute violations before a court of competent jurisdiction.

b.

Cease and Desist Orders. The Building Inspector shall order discontinuance of illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this ordinance.

(Ord. of 5-10-96)

a.

Bond Forfeiture. If, through inspection, it is determined that a person engaged in land disturbing activities has failed to comply with the approved erosion and sediment control plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of this ordinance. The City may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land disturbing activity and bring it into compliance.

b.

Fine or Imprisonment. Any person violating any provisions of an approved erosion and sediment control plan, development permit authorization, or stop-work order shall be liable for a monetary penalty not to exceed two thousand five hundred ($2,500.00) per day, by a sentence of imprisonment not exceeding sixty (60) days in jail, or both fine and jail, or work alternative. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation.

(Ord. of 5-10-96)

a.

Violation of the provisions of this ordinance relating to the use of land or applicable site design standards, including violation of conditions of approval established in connection with grants of variance or zoning changes, shall constitute a misdemeanor.

b.

Any person found guilty of violating such land use provisions or site design standards of this ordinance shall, upon conviction by a court of competent jurisdiction, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing contained in this section shall prevent the City from taking such other lawful actions as are necessary to prevent or remedy any violation.

(Ord. of 5-10-96)