Morgan County Unincorporated
City Zoning Code
City Zoning Code
AIRPORT OVERLAY
ZONE
§ 155.730 PURPOSE.
(A) The principal purpose of this subchapter is to provide land use planners with guidelines for appropriately dealing with the reality that the existence of the county airport, and the conduct of flight operations from that airport, are of such nature as to require careful consideration and the exercise of a special and comprehensive evaluation process in connection with any proposed rezoning and subsequent development in the vicinity of the airport. This is in the interests of assuring, to the extent possible, that any such rezoning and/or subsequent developments and the airport will be compatible each with the other, and that neither will be inimical to the interests of the other.
(B) Purposes subservient to this principal purpose include:
(1) To establish and define the boundaries (external boundary and internal subboundaries) of the AOZ created by this subchapter within which such special evaluation processes shall apply;
(2) To establish uniform standards and requirements that shall apply to any proposed developments within the AOZ, whether on or off airport; and
(3) To establish standards for permitted and conditional uses (both on and off airport), and to establish appropriate use restrictions.
(Prior code, § 8-5H-1) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.731 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERONAUTICAL ACTIVITY: Any activity that involves, makes possible, or is required for, the flight or ground operation of any aircraft, or which contributes to or is required for the safety of such operation.
AIRPORT: Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for aircraft buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located on them.
COMMERCIAL ACTIVITY: Any activity involving “holding out to the public” and that is conducted for personal or collective gain.
COMMERCIAL AERONAUTICAL ACTIVITY: Any “aeronautical activity” that is conducted as a “commercial activity,” as defined in this section. Examples would include: fixed base operator (FBO); air taxi and charter operation; pilot training; aerial photography and surveying; aerial application of chemicals; aerial advertising; aircraft sales and service; aircraft parking and storage; sale of aviation petroleum products; maintenance and repair of aircraft; and sale of aircraft parts. This term would include any entity performing as a “specialized service operator” or as a “specialized aircraft service operator,” as defined in this section.
FIXED BASE OPERATOR (FBO): An entity performing a broad range of basic aviation-related services, such as aviation fuel and oil sales, ramp parking and tiedown, hangar storage, aircraft repair and parts sales, flight training and the like.
NONCOMMERCIAL AERONAUTICAL ACTIVITY: Any “aeronautical activity,” as defined in this section, that is conducted as a private venture and not for profit, e.g., the operation of a personally- owned, leased or rented aircraft, keeping of a personally-owned aircraft hangar, maintenance of a personally-owned aircraft, operating as a “flying club” and the like.
SPECIALIZED AIRCRAFT SERVICES OPERATOR: An entity providing repairs and/or sale of aircraft radios, propellers, instruments, accessories, or, who performs painting, upholstery or similar types of work or services.
SPECIALIZED SERVICES OPERATOR: An entity providing only limited, specialized aircraft-related services, such as flight training, glider towing, air taxi operations, aircraft sales, aircraft and/or engine repair, aircraft rental or other aeronautical-related service.
(Prior code, § 8-5H-2) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.732 BOUNDARIES DESCRIBED.
For the sake of convenience and uniformity, both the external boundary and internal subboundaries shall conform to, and be defined by, certain of those boundary criteria established in 14 C.F.R. part 77 (hereinafter referred to as “Federal Aviation Regulations part 77" or “FAR part 77") for purposes of determining whether obstructions exist in navigable airspace.
(A) Outer boundary. Shall conform to that perimeter established by the periphery of the “horizontal surface” described below and as set forth in 14 C.F.R. § 77.19. (A very close approximation of this boundary would be that line drawn around the airport that is everywhere one mile from the nearest point on the runway.)
(B) Primary surface. A surface on the ground and longitudinally centered on the runway. This surface is 250 feet wide (125 feet each side of the runway centerline) and extended centerline and extends 200 feet beyond each end of the runway.
(C) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by the arcs and lines tangent to those arcs, constructed by swinging 5,000 feet lines from the center of each end of the primary surface.
(D) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward for 5,000 feet at a 20 to one slope from the two ends of the primary surface. The approach surface has a width of 250 feet on the ground and widens uniformly to 1,250 feet at its outer end.
(E) Transitional surface. Those surfaces starting at ground level and extending outward and upward at right angles to the runway centerline and extended centerline at a seven to one slope from the sides of the primary surface and the approach surfaces, until intersecting the horizontal surface defined in division (C) above.
(F) Runway protection zone (RPZ). The location and dimensions of the RPZ are not defined in FAR part 77 (rather, this information is to be found in FAA advisory circular (AC) 150/5300-13: airport design). However, since lying within the AOZ, and since certain language in this subchapter is referential to the RPZ, the location and dimensions of the RPZ are herewith described as follows: “the RPZ is an area on the surface that begins at the end of the primary surface and extends along the boundaries of the approach surface until 1,200 feet from the end of the runway.”
(Prior code, § 8-5H-3) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.733 DEVELOPMENT RESTRICTIONS AND STANDARDS.
(A) Unfavorable rezoning. Future petitions for rezoning that will not be favorably considered:
(1) Beneath the approach surfaces on both ends of the runway starting at the runway ends and extending out, on the south end to old highway road, and on the north end, for 2,500 feet, any residential rezoning to a materially higher residential density (e.g., from a single-family residential to multi-family residential) than was approved and in place on the effective date hereof;
(2) Within the same areas described in division (A)(1) above, any type of rezoning that would result in high concentrations of people (e.g., schools, churches, medical facilities and the like);
(3) Beneath the approach surfaces, extending from the outer boundaries established in division (A)(1) above, and on out to 5,000 feet, any residential rezoning of an area more than one-acre in size to a more dense concentration than RR-5 shall only be approved if the development proposal clusters the home locations outside of the approach surface; and
(4) Along the northwest perimeter of the airport, rezoning from light manufacturing (LM) to residential any of the land within the following described area: a strip starting at the runway centerline and extended centerline, extending laterally outward for 500 feet and of a length such that each end of this strip coincides with the outer end of the runway protection zones (RPZ) on either end.
(B) Building restrictions within runway protection zones (RPZ). No structures shall be erected within either RPZ additional to those already in place, unless, on the effective date hereof, either the erection of such structure had been previously approved, or upon lots within the cottonwood commercial park as approved by conditional use permit in conformance with this chapter.
(C) Construction standards. No person may construct, erect, remodel or rehabilitate any structure upon the county airport except in compliance with all applicable codes, ordinances, FAA regulations and the approved airport master plan. In addition, hangars and any other buildings in phase I of the airport master plan that may be erected upon the airport, shall conform to the following standards:
(1) compliance with the architectural standards set forth in division (D) below;
(2) Compliance with FAR part 77, as verified by an aviation impact analysis from the FAA (Federal Aviation Administration), which analysis shall be submitted with the application for building permit;
(3) Compliance with the fire code adopted by the county;
(4) Compliance with the building code adopted by the county, verified by the county’s building department;
(5) The overall height of the exterior walls of any building shall not exceed 15 feet, inclusive of the interior portion of any permitted stem or foundation wall, which wall height shall be defined as the distance from the upper surface of the interior floor to the lowest point that the plane of the roof cladding intersects the plane of the wall cladding;
(6) The overall height of any building erected upon the airport, shall not exceed 27 feet, measured from the top of the grade level floor to the highest point of the roof of the building; and
(7) Hangars shall be oriented with the main hangar door (or front), facing the ramp area adjacent to such hangar, and not the taxiway.
(D) Architectural standards. Each hangar or other building shall comply with the following architectural and design standards:
(1) Buildings will be metal clad;
(2) Buildings will be white in color with green trim, referencing existing hangers on the airport;
(3) Metal clad roof will be white in color to match the rest of the building;
(4) Rooflines shall be a maximum of a four to 12 pitch; and
(5) Hangar roof peaks shall run from front to back, and not from side to side.
(Prior code, § 8-5H-4) (Ord. 18-09, passed 11-13-2018; Ord. 20-15, passed 10-20-2020; Ord. 22-04, passed 2-1-2022; Ord. 24-27, passed 12-17-2024)
§ 155.734 OTHER MANDATORY STANDARDS AND REQUIREMENTS.
(A) Conformance with FAR. All future development within the confines of the AOZ (whether on or off airport) that will involve new construction or the alteration of existing structures, shall be found to be in conformance with FAR part 77 prior to approval.
(B) Procedure. The procedure for making this determination shall be:
(1) Determine whether proposed construction or alteration will be captured by the following criteria (as extracted from FAR part 77.13):
(a) Will the construction or alteration exceed 200 feet in height above the ground level at its site;
(b) Will the construction or alteration penetrate an imaginary surface extending outward and upward at a 100 to one slope from the nearest point on the runway; and
(c) Will the construction be on the airport itself?
(2) If the proposed construction or alteration is not captured by any of the criteria in division (B)(1) above, then FAR part 77 requirements have been satisfied. If the proposed construction or alteration is captured by any of the criteria in division (B)(1) above, then prior to approval, the following actions shall have been taken:
(a) The sponsor of the proposed construction or alteration shall complete and transmit one completed set (four copies) of FAA form 7460-1, notice of proposed construction or alteration, to the manager, air traffic division, FAA regional office in Seattle, the provisions of FAR part 77.17; and
(b) The FAA shall have acknowledged receipt, and responded with findings, which, as a minimum, must include the finding that the proposed construction or alteration would not be a hazard to air navigation. (Reference 14 C.F.R. § 77.19.)
(Prior code, § 8-5H-5) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.735 ADDITIONAL EVALUATION GUIDELINES.
(A) Scope.
(1) Satisfaction of the mandatory requirement to comply with FAR part 77, airspace criteria, in no way either directly or indirectly ensures compatibility of the proposed criteria in certain other areas of potential conflict (principally, noise and safety). The nature and magnitude of such conflict will vary based upon the following three principal factors:
(a) What is the nature of the proposed development;
(b) At what physical distance from the airport is it located; and
(c) Under which particular sub-boundary of the AOZ is it located (e.g., approach surface, horizontal surface and the like)?
(2) Prior to conditional approval being granted for any off- airport development within the AOZ, the relationship of the factors in division (A)(1) above to the noise and safety factors will be carefully evaluated.
(B) Noise factor. This factor is essentially “people-related,” and becomes significantly and progressively more important as larger numbers of people in a “living environment” (homes, churches, schools and the like) are impacted. Aircraft noise is generally much less a nuisance factor to people in a working environment, particularly where that environment is industrial in nature. The noise “footprint” to be expected is partly a function of pure physical distance from the airport but is most significantly a function of the particular AOZ subdivision below which or near, with the approach surface (and nearby areas) experiencing the most frequent and loud noise signatures, because in these areas the airplanes on takeoff are low, and are, of necessity, operating engines at full power.
(C) Safety factor.
(1) It is a well-documented statistical fact that well over half of all general aviation accidents that occur, occur on or within one mile of an airport.
(2) The off-airport aircraft accident pattern is further concentrated in and near the approach and departure flight paths. Consequently, the areas of most critical concern for safety of persons on the ground near the airport underlie the approach surfaces and near vicinities, and it is therefore important to critically review proposed developments in these areas that would involve large numbers of and/or dense concentrations of people (e.g., homes, churches, schools and similar).
(Prior code, § 8-5H-6) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.736 PERMITTED USES AND USE RESTRICTIONS.
(A) On airport. On airport uses shall generally conform to those uses falling within the purview of “aeronautical activity,” which is “any activity that involves, makes possible or is required for the flight or ground operation of any aircraft, or which contributes to or is required for the safety of such operation.” within this general guideline, specific activities shall be either “permitted” or “conditional use” activities, as is outlined below:
(1) Noncommercial aeronautical activity. Any use falling within this category shall be a “permitted activity.” (Examples would include the erection and occupancy of privately- owned aircraft hangars; the basing, operation and maintenance of personally-owned aircraft; and the like.) no private aircraft owner shall be prohibited from performing, on his or her own equipment, those specific preventative maintenance routines as are outlined in appendix A of 14 C.F.R. part 77, whether such performance is within a privately-owned hangar, or on a ramp or tiedown private hangar owners may maintain and/or store in their hangars, such non-aeronautical equipment as boats, travel/utility trailers, automobiles and the like, provided such use of that hangar is only incidental and secondary to its primary use as an aircraft maintenance and/or storage facility.
(2) Commercial aeronautical activity. No person shall conduct a commercial activity of any nature that is based on or operated from the county airport, unless conduct of that activity has been approved by the County Commission. Any aeronautical activity that is conducted as a “commercial activity or enterprise.” (Examples of such activity would include: fixed base operator (FBO); air taxi and charter operation; pilot training; aerial photography and surveying; aerial application of chemicals; aerial advertising; aircraft sales and service; aircraft parking and storage; sales of aviation petroleum products; maintenance and repair of aircraft; sales of aircraft parts and the like.) Any use falling under this category shall be conducted under the terms of both an appropriate conditional use permit and a business license. Every person conducting any form of commercial activity on or from the county airport must maintain a public liability insurance policy, of a type and amount approved by the County Commission.
(3) Non-aeronautical activity. Certain commercial activities of a nature other than “aeronautical activity” may be permitted upon the airport; provided, that such activities are not in any way inimical to any aeronautical activity, and that the activity is of a type generally “service- orientated” toward aeronautical activities (e.g., an airport food service facility). Any such activity shall be conducted under the terms of both an appropriate conditional use permit, and a business license.
(B) Off airport. Off airport permitted and conditional uses within the AOZ shall conform to the nature of current zoning or such future rezoning as may be petitioned for and approved, with the additional requirement that any development within one-half mile laterally from the runway centerline and extended centerline out to the periphery of the horizontal surface, will require the execution of aviation and hazard agreements by all affected persons (within the legal meaning of “person”), with all such agreements to “run with the land.”
(C) Prohibited use. No on or off airport use is permitted that would create an interference with radio signals between an aircraft and the airport, impair flight visibility in the vicinity of the airport or would in any other way create a hazard to, or endanger the takeoff, landing or airport vicinity maneuvering of any aircraft.
(Prior code, § 8-5H-7) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.737 IMPLEMENTATION.
(A) Measures necessary to satisfy the intent of this subchapter (e.g., denial of a petition for rezoning that is found to be inappropriate) shall be accomplished, to the extent possible, through proper exercise of the police power.
(B) It is not the intent of this subchapter to prohibit development of property in the AOZ, but rather to ensure that such development occurs in a manner that promotes harmony and enhances safety for the citizens of the county.
(Prior code, § 8-5H-8) (Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.799 PENALTY.
Violations of this chapter shall be subject to penalties as established by the County Commission.
(Prior code, § 10-11-1) (Ord. 10-09, passed 10-4-2011; Ord. 24-27, passed 12-17-2024)
§ 155.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person, firm, partnership or corporation or the principals or agents thereof, violating or causing the violation of any provision of this chapter, as the same may be amended from time to time, shall be subject to the following penalties.
(1) Criminal penalty.
(a) Any person, firm or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this chapter shall be guilty of a class C misdemeanor, as allowed by UCA § 17-27a-803 and, upon conviction thereof, shall be subject to penalty as provided in § 10.99 of this code.
(b) In addition, the following may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use:
1. The county by action of the governing body; or
2. Any owner of real estate within the zoning district in which an alleged violation of this chapter has occurred; or the owner of real estate across a zoning district line and abutting or facing the real estate where the alleged violation has occurred.
(2) Civil penalties. In lieu of pursuing criminal remedies with respect to any violation of any provision of this chapter, the county may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies regarding such violation. The following civil remedies may not be pursued for a violation that occurs in conjunction with a criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding, but the following civil remedies may be pursued if no criminal proceedings will occur with respect to the violation.
(a) Courtesy notice. The Zoning Administrator or designee will investigate alleged zoning violations and determine if a violation exists. If a violation exists, the county shall send a courtesy notice to the property owner, stating the nature of the violation, possible action of the county and allowing a ten day compliance period in which the property owner may either bring the property into compliance or meet with the Zoning Administrator for an inspection to determine if in fact a violation exists and what remedies may be available to the property owner. Courtesy notice shall be delivered by certified mail or shall be served by a constable.
(b) Notice to comply.
1. The county shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with this chapter and thereby avoid further enforcement proceedings, and set forth the date, time and location of the administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period. For a first-time offense, the applicable compliance period shall be 30 calendar days from the date of the written notice to comply.
2. If the offending party is unable to correct the offense within the allowed compliance period, the party may request an extension. The extension must be in writing and must be signed by all property owners, tenants and parties, with all signatures notarized. The request for extension shall contain the requested extension date, factual evidence as to why the extension is justified and a commitment to correct the violation within the extension period. The extension may be granted by the Zoning Administrator at his or her discretion. Written approval or denial of the extension will be given to the offending party. In the event that the Zoning Administrator does not grant the extension, his or her decision may be appealed to the administrative hearing officer.
3. In the event that a second notice to comply is issued to the same party with respect to a particular violation within any rolling 12-month period, the applicable compliance period shall be 15 calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to a particular violation within any rolling 12-month period, the applicable compliance period shall be the next calendar day after the date of the written notice to comply. Notice shall be delivered by certified mail or shall be served by a constable.
(c) Amount of civil penalty. If a violation is not completely cured within the time period set forth in the written notice to comply, then such violation of any provision of this chapter shall be subject to a civil penalty in the minimum amount of $25 and the maximum amount of $100 per day, depending upon the particular facts and circumstances of each case, which fine shall be imposed beginning on the first calendar day after the applicable compliance period has expired and ending on the date that the violation is completely cured and the offending party is in full compliance with this chapter with respect thereto.
(d) Administrative hearing. The administrative hearing shall be a public meeting during regularly scheduled hours, conducted by an administrative law judge appointed by the County Commission (which administrative law judge may be an employee of the county). The offending party shall be given an opportunity to be heard at the administrative hearing and shall otherwise be afforded due process. The administrative hearing shall be recorded or otherwise documented so that a true and correct transcript may be made of its proceedings. The administrative law judge shall make a final administrative determination with respect to the citation, which determination may be that there was no violation, or that a violation occurred and must be abated, and the amount of the appropriate civil penalty within the parameters set forth herein.
(e) Appeal. Any person adversely affected by any such administrative proceeding and order may petition a district court for review of the determination. In the petition, the petitioner may only allege that the administrative order was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 calendar days after the administrative order is final. No evidence may be submitted to the district court as part of such petition that is not included in the administrative record of the proceedings unless the evidence was offered to the administrative law judge as part of the administrative hearing and the district court determines that the evidence was improperly excluded by the administrative law judge.
(f) Collection. In the event that the county is required to take formal legal action to collect any civil penalty imposed pursuant to this division (B)(2)(f), the person responsible therefor shall also be responsible for paying any costs of collection incurred by the county, including, but not limited to, reasonable attorney fees, which costs of collection may exceed the amount of the civil penalty itself. Collection may be opened by obtaining a judgment in small claims court and/or attaching a tax lien on the property.
(3) Third-party enforcement. Each and every continuing violation of any provision of this chapter is declared to constitute a nuisance. Private citizens of and/or property owners in the county shall also have the right to commence and pursue formal civil legal proceedings with respect to any ongoing violations affecting their interests; provided, that no such legal action shall be filed until after the expiration of 30 calendar days from the date that a written notice of intent to commence such legal proceedings is actually received by the County Clerk. The prevailing party in any such private civil legal proceedings shall be entitled to an award of reasonable attorney fees incurred in pursuing or defending such action.
(4) Inspector to issue fix-it tickets. The Planner/Building Inspector is hereby authorized to issue fix-it tickets to persons whom it is his or her opinion are violating this chapter. The other law enforcement personnel, including the Sheriff’s force and animal control officers, are hereby authorized to issue fix-it tickets to such persons as they believe are violating county ordinances:
(a) A person authorized to issue a fix-it ticket may set down on the ticket the terms for which the ticket is issued, which shall give the person receiving the fix-it ticket a reasonable time in which to rectify the conceived violation of this chapter or other ordinances of the county;
(b) If a person receiving a fix-it ticket does not respond and rectify the perceived violation of county ordinances, including this chapter, within the time permitted by the issuer of the fix-it ticket, then and in that event such failure shall be considered a violation of the county ordinances; and
(c) A violation of county ordinances and failure to respond to a fix-it ticket shall be and is hereby ordained to be a class B misdemeanor and shall be punishable in accordance with the statutes of the state fixing penalties for a class B misdemeanor.
(Prior Code, § 8-1-8)
(C) It shall be a class C misdemeanor for any person to fail to comply with the provisions of §§ 155.385 through 155.450 of this code. In addition to any criminal prosecution, the county may pursue any other legal remedy to ensure compliance with this chapter including, but not limited to, injunctive relief and the withholding of approvals.
(Prior Code, § 8-12-13)
(Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)
§ 155.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person, firm, partnership or corporation or the principals or agents thereof, violating or causing the violation of any provision of this chapter, as the same may be amended from time to time, shall be subject to the following penalties.
(1) Criminal penalty.
(a) Any person, firm or corporation, whether as principal, agent or employee, who violates or causes the violation of any of the provisions of this chapter shall be guilty of a class C misdemeanor, as allowed by UCA § 17-27a-803 and, upon conviction thereof, shall be subject to penalty as provided in § 10.99 of this code.
(b) In addition, the following may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use:
1. The county by action of the governing body; or
2. Any owner of real estate within the zoning district in which an alleged violation of this chapter has occurred; or the owner of real estate across a zoning district line and abutting or facing the real estate where the alleged violation has occurred.
(2) Civil penalties. In lieu of pursuing criminal remedies with respect to any violation of any provision of this chapter, the county may elect, in its sole discretion based upon the particular facts and circumstances of each case, to pursue the following civil remedies regarding such violation. The following civil remedies may not be pursued for a violation that occurs in conjunction with a criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding, but the following civil remedies may be pursued if no criminal proceedings will occur with respect to the violation.
(a) Courtesy notice. The Zoning Administrator or designee will investigate alleged zoning violations and determine if a violation exists. If a violation exists, the county shall send a courtesy notice to the property owner, stating the nature of the violation, possible action of the county and allowing a ten day compliance period in which the property owner may either bring the property into compliance or meet with the Zoning Administrator for an inspection to determine if in fact a violation exists and what remedies may be available to the property owner. Courtesy notice shall be delivered by certified mail or shall be served by a constable.
(b) Notice to comply.
1. The county shall issue a written notice to comply regarding each such violation to the offending party, which written notice shall identify the offending party, identify the violation, set forth the time period afforded to the offending party to come into compliance with this chapter and thereby avoid further enforcement proceedings, and set forth the date, time and location of the administrative hearing to be held regarding the same in the event that the offending party does not comply within the prescribed time period. For a first-time offense, the applicable compliance period shall be 30 calendar days from the date of the written notice to comply.
2. If the offending party is unable to correct the offense within the allowed compliance period, the party may request an extension. The extension must be in writing and must be signed by all property owners, tenants and parties, with all signatures notarized. The request for extension shall contain the requested extension date, factual evidence as to why the extension is justified and a commitment to correct the violation within the extension period. The extension may be granted by the Zoning Administrator at his or her discretion. Written approval or denial of the extension will be given to the offending party. In the event that the Zoning Administrator does not grant the extension, his or her decision may be appealed to the administrative hearing officer.
3. In the event that a second notice to comply is issued to the same party with respect to a particular violation within any rolling 12-month period, the applicable compliance period shall be 15 calendar days from the date of the written notice to comply. In the event that a third notice to comply is issued to the same party with respect to a particular violation within any rolling 12- month period, the applicable compliance period shall be the next calendar day after the date of the written notice to comply. Notice shall be delivered by certified mail or shall be served by a constable.
(c) Amount of civil penalty. If a violation is not completely cured within the time period set forth in the written notice to comply, then such violation of any provision of this chapter shall be subject to a civil penalty in the minimum amount of $25 and the maximum amount of $100 per day, depending upon the particular facts and circumstances of each case, which fine shall be imposed beginning on the first calendar day after the applicable compliance period has expired and ending on the date that the violation is completely cured and the offending party is in full compliance with this chapter with respect thereto.
(d) Administrative hearing. The administrative hearing shall be a public meeting during regularly scheduled hours, conducted by an administrative law judge appointed by the County Commission (which administrative law judge may be an employee of the county). The offending party shall be given an opportunity to be heard at the administrative hearing and shall otherwise be afforded due process. The administrative hearing shall be recorded or otherwise documented so that a true and correct transcript may be made of its proceedings. The administrative law judge shall make a final administrative determination with respect to the citation, which determination may be that there was no violation, or that a violation occurred and must be abated, and the amount of the appropriate civil penalty within the parameters set forth herein.
(e) Appeal. Any person adversely affected by any such administrative proceeding and order may petition a district court for review of the determination. In the petition, the petitioner may only allege that the administrative order was arbitrary, capricious or illegal. The petition is barred unless it is filed within 30 calendar days after the administrative order is final. No evidence may be submitted to the district court as part of such petition that is not included in the administrative record of the proceedings unless the evidence was offered to the administrative law judge as part of the administrative hearing and the district court determines that the evidence was improperly excluded by the administrative law judge.
(f) Collection. In the event that the county is required to take formal legal action to collect any civil penalty imposed pursuant to this division (B)(2)(f), the person responsible therefor shall also be responsible for paying any costs of collection incurred by the county, including, but not limited to, reasonable attorney fees, which costs of collection may exceed the amount of the civil penalty itself. Collection may be opened by obtaining a judgment in small claims court and/or attaching a tax lien on the property.
(3) Third-party enforcement. Each and every continuing violation of any provision of this chapter is declared to constitute a nuisance. Private citizens of and/or property owners in the county shall also have the right to commence and pursue formal civil legal proceedings with respect to any ongoing violations affecting their interests; provided, that no such legal action shall be filed until after the expiration of 30 calendar days from the date that a written notice of intent to commence such legal proceedings is actually received by the County Clerk. The prevailing party in any such private civil legal proceedings shall be entitled to an award of reasonable attorney fees incurred in pursuing or defending such action.
(4) Inspector to issue fix-it tickets. The Planner/Building Inspector is hereby authorized to issue fix-it tickets to persons whom it is his or her opinion are violating this chapter. The other law enforcement personnel, including the Sheriff’s force and animal control officers, are hereby authorized to issue fix-it tickets to such persons as they believe are violating county ordinances:
(a) A person authorized to issue a fix-it ticket may set down on the ticket the terms for which the ticket is issued, which shall give the person receiving the fix-it ticket a reasonable time in which to rectify the conceived violation of this chapter or other ordinances of the county;
(b) If a person receiving a fix-it ticket does not respond and rectify the perceived violation of county ordinances, including this chapter, within the time permitted by the issuer of the fix-it ticket, then and in that event such failure shall be considered a violation of the county ordinances; and
(c) A violation of county ordinances and failure to respond to a fix-it ticket shall be and is hereby ordained to be a class B misdemeanor and shall be punishable in accordance with the statutes of the state fixing penalties for a class B misdemeanor.
(Prior Code, § 8-1-8)
(C)
It shall be a class C misdemeanor for any person to fail to comply with the provisions of §§ 155.385 through 155.450 of this code. In addition to any criminal prosecution, the county may pursue any other legal remedy to ensure compliance with this chapter including, but not limited to, injunctive relief and the withholding of approvals.
(Prior Code, § 8-12-13)
(Ord. 10-16, passed 12-14-2010; Ord. 19-09, passed 10-15-2019; Ord. 20-15, passed 10-20-2020; Ord. 24-27, passed 12-17-2024)