The director of the public development department of Jackson County shall be appointed by the county administrator and is responsible for the supervision and execution of all administrative functions of this UDC, unless otherwise specified. This UDC shall be administered, interpreted, and enforced by the public development director, who shall have the all of the duties and authority with respect to this UDC as provided in the various articles and sections of this UDC, and those necessarily implied by said provisions.

(Ord. No. 17-003, § 1, 10-2-2017)

Functions and duties of the public development director include but are not limited to the following:

(a)

Forms, procedures, and guidelines. Promulgate administrative procedures, guidelines, application forms, and schedules with deadlines and meeting dates for various applications required by this UDC;

(b)

Fee schedule initiation. Periodically propose and update fee schedules for various applications and permits required by this UDC. Said fee schedule proposed by the public development director shall not become binding until adopted by the board of commissioners by resolution;

(c)

Discretionary application processing. Receive, review and process with or without recommendation all applications filed with the county that require approval of the board of commissioners or recommendation or action by the Jackson County Planning Commission, or action by the Jackson County Board of Adjustment, including comprehensive plan amendment, text amendment, to official zoning map amendment (rezoning), overlay district boundary amendment, special use approval, variance, and appeal of an administrative decision; and

(d)

Administrative application processing. Receive, review and approve, conditionally approve or deny applications for minor and major subdivisions, boundary line adjustment, lot combination, land-disturbance permit, development permit, site plan or project approval, building permit, and any other procedure of this UDC that requires an application be filed with public development director and administratively decided by the director;

(e)

Zoning verification. Issue, upon application and for a fee as may be determined by resolution of the board of commissioners, official letters of zoning confirmation and/or certification of zoning compliance;

(f)

Inspections program. Execute a program of inspections of land development, buildings, and property maintenance as required to implement this UDC. The public development director or designee will periodically inspect the sites of land-disturbing activities for which development permits have been issued to determine if the activities are being conducted in accordance with the approved erosion and sediment control plan and if the measures required in the plan are effective in controlling erosion and sedimentation;

(g)

Enforcement program. Execute a program of enforcement of this UDC; and other codes assigned to the public development department for enforcement;

(h)

Interpretation. Interpret the provisions of this UDC, where uncertainty exists;

(i)

Administrative relief. It is the intent of this UDC that the public development director shall have authority necessary to provide minor relief from the provisions of this UDC, and to that end the director is authorized and expected to find solutions within the spirit of this UDC to exercise administrative variance authority specifically granted in this UDC, where warranted;

(j)

Commission and board secretary. Serve as the secretary to the planning commission and the board of adjustment; and

(k)

Other. Tend to other administrative details not inconsistent with the provisions of this UDC, and to implement the provisions of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

The public development director may delegate administrative functions, powers, and duties assigned by this UDC to other staff as may be appropriate, without the need to separately authorize such delegation by formal action, including but not limited to zoning administration, code enforcement, and building permitting and inspections.

(Ord. No. 17-003, § 1, 10-2-2017)

Figures, examples, or explanatory text associated with defined terms or regulatory paragraphs in this UDC are provided for illustration only and do not limit or change the meaning of the term as defined or the requirements of the regulation as written.

(Ord. No. 17-003, § 1, 10-2-2017)

For the purpose of this UDC, the following shall apply to the use of words and phrases:

(a)

Words used in the present tense include the future tense. Words used in the singular tense include the plural tense, and words used in the plural tense include the singular tense. The masculine person "he" or "his" also means "her" or "hers."

(b)

References to the "county" and to the board of commissioners and any public officials or appointed bodies of the county not otherwise named by political jurisdiction or defined in this UDC shall always mean Jackson County, Georgia, and its governing body, appointed or employed officials, and appointed bodies.

(c)

The word "person" is intended to include any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

(d)

The words "shall," "will," "is to" and "must" are always mandatory and not discretionary, while the word "may" is permissive.

(e)

The word "and" indicates that all of the conditions, requirements or factors so connected must be met or fulfilled, while the word "or" indicates that at least one condition, requirement or factor so connected must be met.

(f)

The term "such as" is intended to introduce one or more examples in illustration of a requirement or point, and is intended to mean "including but not limited to the following."

(g)

The verbs "zone" and "rezone" have the same meaning and refer to the act of amending the official zoning map or overlay district map through the process established by this UDC.

(h)

The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts and/or overlay districts established by this UDC.

(i)

The word "day" means a calendar day unless otherwise specified as a work day, excluding official county holidays.

(j)

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."

(k)

The term "zoning map" means the official zoning map of Jackson County, Georgia, and may include a single map or a series of maps in sections.

(l)

All words and phrases are to be interpreted within the context of the sentence, paragraph, subsection, section and article in which they occur.

(m)

Words and phrases not defined in this UDC shall be construed to have the meaning given by common and ordinary use, the meaning of which may be further clarified by definition of the word or phrase in a dictionary of the English language in current circulation.

(n)

Definitions are clearly identified as such and are located throughout this UDC in the articles or sections to which they most readily refer. All definitions, regardless of location within an article of this code, apply equally to the use of such terms throughout the code. In the case where two definitions conflict, the director shall determine which definition applies, depending on the specific context.

(Ord. No. 17-003, § 1, 10-2-2017)

The requirements of this UDC are in addition to the requirements of other ordinances, rules, regulations and other provisions of law, and where any provision of this UDC imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. No. 17-003, § 1, 10-2-2017)

Interpretations of the director of public development may be appealed under the provisions of section 1303, "Appeals of an administrative decision," of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

Occupancy: The purpose for which a building or portion thereof is utilized or occupied.

Occupant: Any individual living or sleeping in a building, or having possession of a space within a building.

Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person: An individual, corporation, partnership or any other group acting as a unit.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Any action or inaction that violates the provisions of this UDC or the requirements of an approved plan or permit may be subject to the enforcement actions outlined in this division.

(b)

Any action or inaction that violates the provisions of this UDC or the requirements of an approved plan or permit and that is continuous with respect to time is deemed a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described in this division shall not prevent such equitable relief.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Representatives of the public development department (including the director, building official and code enforcement officer) shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this UDC, and for that purpose are authorized to enter at reasonable times upon any property for the purpose of investigation and inspection.

(b)

No person shall refuse entry or access to any authorized representative or agent of the county 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. No. 17-003, § 1, 10-2-2017)

(a)

If, through inspection, it is deemed that a person engaged in land-disturbing activities or engaged in a land use has failed to comply with this UDC generally, or has failed to comply with an approved plan or permit, or with conditions of rezoning approval or development permit conditions, or with any other provisions of this UDC, a written notice to comply shall be served upon that person responsible for the violation, and the property owner, if different, and the occupant of the property if different.

(b)

The notice shall set forth the section or sections of this UDC which have been violated and the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person responsible fails to comply within the time specified, he shall be deemed in violation of this UDC.

(c)

Any person found to be in violation of this UDC shall be deemed to have forfeited any required performance bond if required to post one under the provisions of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Whenever the director or designee finds any work regulated by this UDC being performed in a manner contrary to the provisions of this UDC the director or designee is authorized to issue a stop work order.

(b)

A stop work order shall be issued in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

(c)

All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(d)

Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work.

(e)

Any person who shall continue to work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine or penalties as prescribed in this division and as otherwise provided or prescribed by law.

(Ord. No. 17-003, § 1, 10-2-2017)

The director or designee 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 UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the director or designee shall have authority to prosecute violations in court.

(b)

Prosecutions for violations of any provision of this UDC shall be upon citation as provided in O.C.G.A. § 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

A citation for or accusation of a violation of an ordinance concerning the condition of real property shall be served by all of the following:

1.

Posting a copy of it on the door of the premises where the alleged violation occurred; and

2.

Mailing a copy of it by registered or certified mail or statutory overnight delivery to the owner of such premises at the address of record maintained by the applicable tax commissioner. The certificate of mailing to the accused shall constitute prima-facie evidence of compliance with this requirement; and

3.

Filing a copy of it with the clerk of magistrate court.

(b)

Service of a citation shall not be authorized until there has been at least one attempt at personal service on the accused at the address of record of the accused as maintained by the applicable tax commissioner or of the accused's registered agent as maintained by the Secretary of State, provided that such attempt at personal service shall only be required if the accused resides or has a registered agent in this state.

(c)

When service is perfected as provided in this section and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty.

(d)

Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations.

(Ord. No. 17-003, § 1, 10-2-2017)

Any violation alleged under this UDC may be referred by the director or designee to the county attorney for investigation, citation and enforcement.

(Ord. No. 17-003, § 1, 10-2-2017)

Violation of any provision of this UDC, including violation of conditions of approval established in connection with grants of variance or zoning changes, shall constitute a misdemeanor.

(Ord. No. 17-003, § 1, 10-2-2017)

If any person commences any land-disturbing activity requiring a land-disturbance or development or permit as prescribed in this UDC without first obtaining said permit, the person shall be subject to revocation of his authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the county.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Any person violating any provision of this code, permitting or plan conditions or stop work order shall be liable for a civil penalty or fine not to exceed $2,500.00 per day, but in no event less than $300.00.

(b)

There shall be a minimum penalty of $300.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy; and there shall be a minimum penalty of $1,000.00 per day for each day for each any other violation.

(c)

Each day the violation continues shall constitute a separate offense.

(d)

Any civil penalties imposed pursuant to this Code shall be payable to the county, shall commence on the date of issuance of any stop work order, cease and desist order or other notice of noncompliance and shall not be affected by the filing of any appeal.

(e)

Any civil penalty imposed pursuant to this article may, at the discretion of the county, be waived or reduced if, in the discretion of the county, the violator has taken sufficient and timely curative and corrective action.

(f)

No land-disturbance or development permits, inspections, building permits or certificate of occupancies, will be granted to any person who has an outstanding fine for violating this UDC.

(g)

Any person who violates any provisions of this UDC, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this UDC or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director or designee issued as provided in this UDC shall be liable for a civil penalty not to exceed $2,500.00 per day.

(Ord. No. 17-003, § 1, 10-2-2017)

Nothing contained in this division shall prevent the county from taking such other lawful actions as are necessary to prevent or remedy any violation, such as injunction, mandamus or other appropriate action.

(Ord. No. 17-003, § 1, 10-2-2017)