James Island City Zoning Code
VIOLATIONS AND
ENFORCEMENT
§ 153.375 COMPLIANCE REQUIRED.
(A) No activity regulated by this chapter shall be undertaken except in full compliance with the express provisions of this chapter.
(B) No activity that is the subject of any permit or approval issued pursuant to the provisions of this chapter shall be undertaken except in full compliance with the subject permit or approval, including any attached conditions.
(C) The commencement or continuation of any activity regulated by this chapter that is not in compliance with the express provisions of this chapter, or that is not in compliance with the express provisions of any permit or approval, including any attached conditions, shall be a violation of this chapter, and subject to enforcement under the terms of this subchapter, § 153.999, and state law.
(Ord. 2012-06, § 11.1, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013) Penalty, see § 153.999
§ 153.376 VIOLATIONS.
All of the following constitute violations of this chapter:
(A) To use or attempt to use land or a building in any way not consistent with the requirements of this chapter;
(B) To erect or attempt to erect a building or other structure in any way not consistent with the requirements of this chapter;
(C) To engage or attempt to engage in the development or subdivisions of land in any way not consistent with the requirements of this chapter;
(D) To transfer title to any lots or parts of a development unless the subdivision has received all approvals required under this chapter and an approved plan or plat, if required, has been filed in the appropriate town office;
(E) To submit for recording with a town office any subdivision plat that has not been approved in accordance with the requirements of this chapter;
(F) To install or use a sign in any way not consistent with the requirements of this chapter;
(G) To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land, or any other activity requiring one or more approvals or permits under this chapter without obtaining all such required approvals or permits;
(H) To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land, or any other activity requiring one or more approvals or permits under this chapter in any way inconsistent with any such approval or permit and any conditions imposed;
(I) To violate the terms of any approval or permit granted under this chapter or any condition imposed on such approval or permit;
(J) To obscure or obstruct any notice required to be posted or otherwise given under this chapter;
(K) To violate any lawful order issued by any person or entity under this chapter; or
(L) To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.
(Ord. 2012-06, § 11.2, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013) Penalty, see § 153.999
§ 153.377 ENFORCEMENT RESPONSIBILITY; NOTICE; COMPLAINTS.
(A) Responsibility. The responsibility for the enforcement of this chapter is delegated to the Zoning Administrator. The Zoning Administrator may utilize other town departments/agencies as necessary to enforce the provisions of this chapter.
(B) Notice. If the Zoning Administrator finds that any of the provisions of this chapter are being or have been violated, the Zoning Administrator shall notify the person responsible for such violation, verbally and/or in writing, setting forth the nature of the violation and the action necessary to correct it, or issue a uniform ordinance summons for the violation.
(C) Complaints.
(1) Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint with the town. Such complaint shall state fully the causes and basis thereof.
(2) The Zoning Administrator shall properly record such complaint, immediately investigate to determine the validity of the charge, and take whatever action is necessary to ensure compliance with this chapter.
(D) Authority. Any staff member of the Planning/Zoning Department who is authorized by Town Council shall have the authority to enforce the provisions of this chapter.
(Ord. 2012-06, § 11.3, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)
§ 153.378 REMEDIES AND ENFORCEMENT POWERS; MISDEMEANOR.
(A) On behalf of the town, the Zoning Administrator may take any one or more of the following actions as a remedy for any violation of this chapter:
(1) Withholding and/or revocation of any approvals or permits required by this chapter or direct other officials to withhold such approval or permits;
(2) Issuing stop orders against any work undertaken by an entity not having a proper approval or permit required by this chapter;
(3) Issuing stop orders against any actions in violation of this chapter;
(4) Bringing an action for an injunction or, in appropriate cases, for mandamus, to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation;
(5) Bringing an action for injunction or mandamus to abate a violation;
(6) Issuing the violator a uniform ordinance summons for each separate violation(s); and/or
(7) Deferral or postponement of zoning applications scheduled for public meetings or hearings in accordance with § 153.383.
(B) A violation of this chapter is considered a misdemeanor.
(Ord. 2012-06, § 11.4, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013) Penalty, see § 153.999
§ 153.379 PRIVATE ENFORCEMENT ACTIONS.
Any individual who is specifically damaged by any violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land. This is in addition to the right of the town to bring an enforcement action.
(Ord. 2012-06, § 11.5, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)
§ 153.380 TREE PROTECTION AND PRESERVATION VIOLATIONS.
(A) Trees removed without permits.
(1) Generally. If commercial sites are cleared of protected trees prior to obtaining a zoning permit (a violation), trees shall be replaced in accordance with a replacement schedule approved by the Zoning Administrator. The Zoning Administrator’s replacement schedule shall specify the number, species, caliper, and location of replacement trees, according to the following minimum criteria:
(a) Combined caliper of which equals or exceeds 80 inches per acre; and
(b) One-half of individual replacement trees are four inches or greater caliper.
(2) Grand trees.
(a) Where grand trees have been removed in violation of this chapter or where removal is necessitated at any time due to acts of negligence, trees shall be replaced in accordance with a replacement schedule approved by the Zoning Administrator. The replacement schedule shall establish the number, species, caliper, and location of replacement trees, and at a minimum shall require:
1. That the combined caliper of replacement trees is equal to or greater than three times the caliper of the grand tree removed; and
2. Individual replacements of trees are of the largest transplantable caliper available or equal to the loss of DBH inches.
(B) Recovery from tree violations.
(1) Should violations be noted during the course of a project or at final inspection, the Zoning Administrator shall take appropriate actions, including, but not limited to, the following:
(a) Requiring replacement of illegally removed trees and vegetative buffer;
(b) Requiring replacement of required trees and vegetative buffer that are damaged, diseased, dying, or dead;
(c) Requiring protection of trees and vegetative buffer during construction;
(d) Revoking zoning permits; and
(e) Denying certificates of occupancy.
(2) Nothing herein shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 2012-06, §§ 11.6.1 and 11.6.2, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013) Penalty, see § 153.999
§ 153.381 SIGN VIOLATIONS.
(A) Signs subject to impoundment. In addition to other remedies and enforcement powers of this subchapter, the Zoning Administrator shall have the authority to remove and hold any of the following types of signs or sign structures:
(1) Any prohibited signs are subject to impoundment without notice to the owner; and
(2) Any sign that is installed or used in any way that is not consistent with the requirements of this chapter, provided that notice has been given as set forth in § 153.377(B) and no action has been taken by the owner within the specified time frame.
(B) Recovery of impounded signs. The owner of an impounded sign or sign structure may recover same upon the payment of $50 for each sign. In the event it is not claimed within ten days from the date of impoundment, the Zoning Administrator shall have authority to dispose of such sign or sign structure without notification and without compensation to the owner.
(Ord. 2012-06, § 11.7, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)
§ 153.382 CONTINUING VIOLATIONS.
Any violation of the previous zoning ordinance or subdivision ordinance will continue to be a violation under this chapter and be subject to penalties and enforcement under this subchapter and § 153.999, unless the use, development, construction, or other activity complies with all applicable provisions of this chapter, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 7, 2003. Any prior lack of enforcement shall not constitute any degree of recognition, approval, or other entitlement.
(Ord. 2012-06, § 11.8, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)
§ 153.383 OTHER ENFORCEMENT ACTIONS.
(A) Zoning map amendment requests. An application (along with related documents and fees) for a zoning map amendment shall not be accepted or processed when the property owner(s) has been notified, pursuant to § 153.377(B), that a violation of this chapter exists on or in the use of land that is the subject of the requested change. The Zoning Administrator may, however, after consideration of the specific case, waive this requirement and direct staff to process the application if it is found that a zoning map amendment serves to remedy the violation. However, this waiver does not release the property owner, applicant, and/or designated agent from compliance with this subchapter nor does it guarantee approval of the requested zoning map amendment. If the zoning map amendment is disapproved by Town Council, the property owner, applicant, and/or designated agent has a maximum of 30 calendar days from the date of disapproval to bring the subject property into compliance.
(B) Board of Zoning Appeals requests. An application (along with related documents and fees) to go before the Board of Zoning Appeals (BZA) shall not be accepted or processed when the property owner(s) has been notified that a violation of this chapter exists on or in the use of land that is the subject of the request. The Zoning Administrator may, after consideration of the specific case, waive this requirement and direct staff to process the application, if the BZA request serves as a remedy for the violation. However, this waiver does not release the property owner, applicant, and/or designated agent from compliance with this subchapter.
(C) Contempt before the Board of Zoning Appeals. In case of contempt by any party, witness, or other person before the Board of Zoning Appeals, such Board may certify such fact to the Circuit Court of the town wherein such contempt occurs and the judge of the court, after hearing, may impose such penalty as the facts authorize or require.
(D) Other actions. Nothing herein shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2012-06, § 11.9, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)
§ 153.999 PENALTY.
(A) General. Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to the penalty provisions in § 10.99.
(B) Tree protection and preservation violations. Any person, firm, organization, society, association, corporation, or any agent or representative thereof who commits, participates, or assists in a violation of the tree protection and preservation standards of this chapter may each be found guilty of a separate offense and suffer the penalties herein provided. Each unauthorized removal, destruction, or failure to replace a tree shall constitute a separate offense. Failure to pay all or any part of the Tree Fund mitigation fee within 30 days of the fee’s imposition is a violation of the Tree Fund provision of this chapter. Failure to pay fees may result in a collection action in the same manner as prescribed by law for the collection of other fees. Failure to pay the mitigation fee may also result in a criminal proceeding. If a matter is brought in criminal court, upon conviction, the maximum penalty is $500 per violation and/or 30 days imprisonment and restitution of the Tree Fund mitigation fee. Restitution shall be paid to the Finance Officer who will place all funds in the Tree Fund Account.
(Ord. 2012-06, § 11.6.2, passed 10-18-2012; Ord. 2013-10, passed 8-15-2013)