It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building, or to commence the development of any land for a use not requiring a building permit, until the necessary permit for the construction, land disturbance or development of the property has been issued under the Procedures and Permits Article of this Development Code.

(Res. of 10-1-2019(2), Exh. A)

Oconee County or its designee, their agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this Development Code and may take or cause to be made such examination, surveys, or sampling as Oconee County or its designee deems necessary.

a.

The Oconee County Planning Director is hereby designated as the administrator and enforcement officer for this Development Code.

b.

The Oconee County Planning Director shall have authority to enforce this Development Code; issue permits thereunder; and address violations or threatened violations thereof by issuance of violation notices, administrative orders, and civil and criminal actions. All costs, fees and expenses in connection with such actions may be recovered as damages against the violator.

c.

Law enforcement officials or other officials having police powers shall have authority to assist the Oconee County Planning Director in enforcement.

(Res. of 10-1-2019(2), Exh. A)

For provisions relating to inspection and enforcement activities relating to soil sedimentation and erosion control and storm drainage and stormwater management enforcement, see the Erosion Control and Stormwater Management Article of this Development Code.

(Res. of 10-1-2019(2), Exh. A)

a.

Inspection. If the Planning Director finds that a provision of this Development Code is being violated relating to the use or occupancy of land or structures, lot standards, landscaping, buffers, parking, signage, street construction or any other standard or provision, or relating to a condition of approval established in connection with a grant of variance or zoning change, he or she shall notify the person responsible for such violation in writing (which notification may consist of an order to cease and desist the violation). The notification shall indicate the nature of the violation and order 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 Planning Director shall have authority to prosecute violations in court.

b.

Notice of Violation. If the Planning Director determines that a property owner, occupant or other responsible person has failed to comply with the requirements and provisions of this Development Code, he or she shall issue a written notice of violation to such owner, occupant or other responsible person. Where a person is engaged in activity covered by this Code without having first secured a permit therefore, the notice of violation shall be served on the owner, occupant or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

(1)

The name and address of the owner, occupant or the responsible person;

(2)

The address or other description of the site upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the action or inaction into compliance with this Code and the date for the completion of such remedial action;

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,

(6)

A statement that the determination of violation may be appealed to the Board of Commissioners by filing a written notice of appeal within 10 days after the notice of violation (except that, in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).

(Res. of 10-1-2019(2), Exh. A)

The Planning Director may order the removal of any sign in violation of this Development Code by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit was issued, such notice shall operate to revoke the permit. The removal order shall be issued only after the appropriate party fails to comply within 7 days after the County gives written notice of non-compliance.

a.

Procedure following removal order. An aggrieved party may appeal the removal order within 10 days from the date that the notice was mailed. Such appeal shall be made to the Board of Commissioners. If the sign is not removed within 30 days after the order of removal (or 30 days after the date any appeal becomes final), the Planning Director is authorized to remove or cause to be removed the sign and to collect the costs thereof as provided below.

b.

Removal without notice.

(1)

The Planning Director or any other agent of the County having jurisdiction under the circumstances may remove or direct the removal of any sign in violation of this Development Code, without giving notice to any party, if:

(a)

Said sign is upon the public right-of-way or upon other public property; or

(b)

Said sign poses an immediate safety threat to the life or health of any members of the public.

(2)

Following such removal, the County may collect the costs as provided in the following section.

c.

Costs of removal.

(1)

Removal of any sign found in violation shall be without liability to the County, its officers, agents, and employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible. If the sign owner cannot be determined, then the costs of removal shall be the responsibility of the sign erector and any party that procured the erection of the sign.

(2)

If payment or arrangement to make payment is not made within 60 days after the receipt of a statement of removal costs, the Planning Director shall certify the amount thereof for collection to the County Attorney. In the event the removed sign(s) remains unclaimed for more than one year from the date of impound, the sign(s) shall be disposed of in accordance with state law.

(3)

Costs of removal shall be charged in accordance with a fee schedule adopted by the Board of Commissioners from time to time, or at the actual cost to the County, whichever is more appropriate to the action taken.

(Res. of 10-1-2019(2), Exh. A)

Any person violating any provision of this Development Code shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense according to law. Each day such violation continues shall constitute a separate offense.

(Res. of 10-1-2019(2), Exh. A)

In the case of any violation or attempted violation of the provisions of this Development Code, the County may institute any appropriate action or proceeding to prevent such violation or attempted violation.

a.

Illegal subdivision.

(1)

Any owner or proprietor of any tract of land who subdivided that tract of land and who violates the provisions of this Development Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by the law.

(2)

Any subdivision hereafter established shall be designed, developed, and recorded in accordance with the provisions of this Development Code. Failure to comply with the regulations herein shall result in the following:

(a)

The County shall not accept the subdivision, nor shall it improve, maintain, grade, or pave any street within such subdivision unless such street shall have met the specifications described herein.

(b)

No public agency shall authorize the extension of water service, sewer service, or other publicly operated services into such subdivisions.

b.

Removal of illegal structures. When a building or other structure has been constructed in violation of this Development Code, the violator shall be required to remove the structure or bring said structure into compliance with this Development Code, at the discretion of the Planning Director.

c.

Restoration of vegetative cover. When removal of vegetative cover, excavation or fill has taken place in violation of this Development Code, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practical, at the discretion of the Planning Director.

d.

Clean Water Act notifications. If the Planning Director discovers a violation of this Development Code that also constitutes a violation of provisions of the Clean Water Act as amended, the Planning Director may issue written notification of the violation to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers and the landowner.

e.

Suspension, revocation or modification of permit. The Planning Director may suspend or revoke a permit if he or she finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit.

f.

Cease and desist order. The Planning Director shall have the authority to issue cease and desist orders in the event of any violation of this Development Code. Cease and desist orders may be appealed to a court of competent jurisdiction, as identified in the Appeals Article of this Development Code.

g.

Stop-work order. The Planning Director may issue a stop-work order, which shall be served on the owner, occupant or other responsible person. The stop-work order shall remain in effect until the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop-work order may be withdrawn or modified to enable the owner, occupant or other responsible person to take the necessary remedial measures to cure such violation or violations.

(Res. of 10-1-2019(2), Exh. A)

Any violation of this Development Code may be tried upon a citation issued by the Planning Director or any other authorized representative of the County pursuant to the provisions of this Development Code and State law. Without limitation, builders, developers, contractors, property owners, and such other parties responsible for the violation may be cited for violation of any provisions of this Development Code.

(Res. of 10-1-2019(2), Exh. A)

For provisions relating to penalties resulting from soil sedimentation and erosion control enforcement and storm drainage and stormwater management enforcement, see the Erosion Control and Stormwater Management Article of this Development Code.

(Res. of 10-1-2019(2), Exh. A)

a.

Any person who commits, takes part in, or assists in any violation of any provision of this Development Code shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each violation of this act shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

b.

Injunction of activities. Any violation of any provision or requirement of this Development Code shall constitute a nuisance. Oconee County may institute an action or proceeding as provided by law or ordinance to restrain, correct or abate the violation; to prevent occupancy of a building, structure or land or to prevent any illegal act, conduct or use on property in violation.

c.

Additional remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or if any building, structure or land is used in violation of this development Code, the Board of Commissioners of Oconee County, the Planning Director, or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

d.

Remedies not exclusive.

(1)

The remedies listed in this Development Code are not exclusive of any other remedies available under any applicable Federal, State or local law and the County may seek cumulative remedies.

(2)

The County may recover all attorneys' fees, court costs and other expenses associate with enforcement of this Development Code.

(Res. of 10-1-2019(2), Exh. A)

a.

Neither the approval of a plan under the provisions of this Code, nor the issuance of a permit, nor the compliance with provisions of this Code, shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the County for damage to any person or property.

b.

The fact that a land-disturbing activity for which a development permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code or the terms of the development permit.

c.

No provision of this Code shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, as amended, the Georgia Water Quality Control Act, or the rules and regulations promulgated and approved under such laws or pollute any waters of the State as defined by said Acts.

(Res. of 10-1-2019(2), Exh. A)