Any violation or failure to comply with any of the provisions of this Resolution by (or caused by) any person, including violations of conditions or material representations associated with an application or approval of an application (or issuance of a permit or certificate) pursuant to Chapter 27, shall be a misdemeanor, punishable as provided by law, as to which the zoning enforcement officer may, in addition to other remedies, and after due notice to the violator, institute proceedings in either the Municipal Court or State Court of the consolidated government of Macon-Bibb County pursuant to ordinance of the same. ^[1]* Each and every day of such violation shall be a separate offense.

(Amended September 27, 1993, ZA93-09-03; Amended July 11, 2022, ZA22-001)

[1]

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used, altered, disturbed or developed in violation of this Resolution, the Commission or any other appropriate county authority, or any person who would be damaged by such violation, in addition to other remedies, may seek injunctive, mandamus, or other appropriate relief in a proceeding in any court of competent jurisdiction to prevent the violation in the case of each such building, parcel or use of land.

[2]

Whenever the Commission shall find, in the case of any permit or certificate of appropriateness heretofore or hereafter granted pursuant to the provisions of this Resolution, that any of the conditions upon which such permit or certificate was granted, or any of the material representations in the application for such permit or certificate, are not being complied with or were false or misleading, the Commission is authorized, after giving due notice to all parties concerned and granting full opportunity for a public hearing, to suspend or revoke such permit or certificate or take other action as it deems necessary to ensure compliance. The Commission is authorized to request and obtain investigations and reports as to compliance from such county or state agencies or administrative officers as may be appropriate.

[3]

Where a violation of this Resolution exists with respect to a structure or to land, the Commission may notify all public utilities of such violation and request that public utility services be withheld therefrom until such structure or premises are no longer in violation of this Resolution (or until the contemptor is purged of contempt, as the case may be).

[4]

Nothing herein contained shall prevent the Commission from taking such other lawful action as may be appropriate in the case of a violation of these regulations.

(Amended July 11, 2022, ZA22-001)

[1]

The owner or agent of the owner of any land to be subdivided within Macon-Bibb County who transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat to subdivide such land before such plat has been approved by the Commission and recorded in the office of the clerk of the superior court of Bibb County, shall be guilty of a misdemeanor in accordance with Section 33.01 of this Resolution and, upon conviction thereof, shall be punishable by law. The description by metes and bounds in the instrument of transfer shall not exempt the transaction from such penalties. The Commission, through its attorney or other designated official, may enjoin such transfer or sale of agreement by appropriate action.

[2]

No plat or plan of subdivision of land within Macon-Bibb County shall be filed or recorded by a subdivider in the office of the clerk of the superior court of Bibb County until it has been approved by the executive officer of the Commission, such approval entered in writing on the plat by such director. The clerk of the superior court shall not file or record a plat of a subdivision which does not so evidence approval of the executive director. The filing of a plat of a subdivision by the owner or agent of the owner without such approval of the executive director is a violation of this Resolution, is hereby declared a misdemeanor in accordance with Section 33.01 of this Resolution and, upon conviction thereof, the owner or agent of the owner is punishable by law.

(Amended July 11, 2022, ZA22-001)

[1]

Whenever the zoning enforcement officer determines that any structure is being used, constructed, altered, developed or modified, or any land is being used, altered, disturbed or developed in violation of the terms of this Resolution, or where such activities are based on a permit, certificate or plat issued or approved in error, either legally or factually, and in his judgment immediate cessation of construction, alteration, or modification of buildings or structures or use of land or structure is required to prevent harm to any person or to preserve the status quo, he may issue a cease and desist order to those responsible or order that any condition in violation of this Resolution be remedied.

[2]

The officer may order immediate compliance with any cease-and-desist order or may provide for a reasonable time, not to exceed thirty (30) days to achieve compliance. Whenever such an order is issued by the zoning enforcement officer, the person receiving such order will be invited to appear before the next regularly scheduled Commission public hearing or such special hearing as may be called, to contest the issuance of the order.

[3]

Failure to obey a cease-and-desist order, unless and until such order is rescinded by the Commission, shall be a violation of this Resolution, and the zoning enforcement officer may enforce such order accordingly, pursuant to Chapter 33. The zoning enforcement officer may cause any structure or land to be inspected and examined in connection with potential violations of this Resolution.

(Added July 11, 2022, ZA22-001)