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Keystone Heights City Zoning Code

ARTICLE VII

ENFORCEMENT AND REVIEW

Sec. 17-81.- Complaints regarding violations.

Whenever the administrator receives a written, signed complaint alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

Sec. 17-82. - Persons liable.

The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation, suffer the penalties and be subject to the remedies herein provided.

Sec. 17-83. - Procedures upon discovery of violations.

(a)

If the administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion.

(b)

The final written notice (and the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the. L.P.A. in accordance with Section 17-64.

(c)

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 17-84.

Sec. 17-84. - Penalties and remedies for violations.

(a)

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or regulatory permits, shall constitute a misdemeanor, which upon conviction shall be punishable by a fine of up to $500.00.

(b)

This chapter may also be enforced by any appropriate equitable action.

(c)

Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(d)

Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

Sec. 17-85. - Permit revocation.

(a)

A permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter or any additional requirements lawfully imposed by the permit-issuing authority.

(b)

Before a permit may be revoked, all of the notice and hearing and other applicable requirements of the City Code Ordinances shall be complied with. The notice shall inform the permit recipient of the alleged grounds for revocation.

(1)

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

(2)

A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.