The mayor shall authorize a zoning official, who shall be responsible for administering the zoning code: provided that the position may be filled by contract, in which case the contract requires approval of the council.

The city clerk shall maintain all records pertaining to the requirements of this ordinance. Such records include but are not be limited to all applications-related plans, all records of approval or refusal of applications, all certificates and permits, all administrative actions, all complaints and related actions taken, all violations discovered by whatever means, and all remedial action and disposition of cases. Such records shall be public records and shall be available in the office of the city clerk at city hall for public viewing in accordance with the Open Records Act. Records shall be organized according to year and month of issuance and shall clearly indicate subject street address and name of property owner. Other duties of the city clerk include maintaining and providing updated applications forms; receiving applications; acquiring and maintaining current records; and providing records as required or requested by the courts, or by a county, state or federal government agency or department.

A.

It shall be the duty of all officers and employees of the city and especially all members of the police department, to assist in enforcement by reporting to the code enforcement officer, under the jurisdiction of the police department, any seeming violation of any zoning provision or use of property. Police officers and employees shall further assist by, when reasonably possible, providing the type of seeming violation and address of violation on a code violation form available to city employees.

B.

Complaints shall be promptly investigated by the code enforcement officer and findings shall be reported and attached to the code violation form. If any of the provisions of this ordinance have been violated, the code enforcement officer shall notify the property owner or person responsible for such violation in writing, indicating the nature of the violation and ordering the necessary correcting action, including the time frame for the completion of corrective action.

A.

All fees charged for applications, permits and certificates regulated by this ordinance shall be in accordance with the fee schedule then in effect.

B.

The mayor proposes the fee schedule to the mayor and council, to cover city costs: In connection with the administration of this ordinance, the mayor shall cause to be established a fee schedule, including charges and expenses, to be approved by the mayor and council, to cover costs generally involved in advertising, posting, mailing notices, reviewing, processing, inspecting, or other actions in the particular class of cases involved. Such fees, charges and expenses shall be payable to the city by applicants who request city actions, or by those who utilize certain city property or equipment, to be applied against such costs.

C.

Annual review of fee schedule: A review of the fee schedule shall be conducted annually by the mayor in conjunction with the city clerk and the zoning official, and any area where fees do not generally reflect administrative and other city costs shall be reported to the mayor.

D.

Mayor and council approves fee schedule: The mayor may propose changes in the fee schedule to mayor and council for action by ordinance, provided however that there shall be no less than a six month period between changes to any previously established fee schedule.

E.

Applications not processed until outstanding fees and assessments are paid: Before the processing of any type of application shall commence, including any request or application for a rezoning, variance, building permit, occupancy permit, or any other type of city permit, fees must be paid in full related to such application as provided in the fee schedule. In addition, all outstanding and past due fees, property taxes, and other bills and lawful assessments pertaining to the subject property must be paid in full before any application is processed.

A.

The zoning official is responsible for determining whether applications for buildings permits are in compliance with the requirements of the zoning ordinance.

B.

No building permits and no permit for grading, excavation or any other type of construction or land disturbance shall be issued by the city before the zoning official certifies thereon that the plans, specifications, and intended use conform to applicable zoning regulations and all provisions of this ordinance.

When any building permit, certificate of occupancy or special use permit is issued on property, and when such property has a conditional zoning or an approved variance or previously approved permits, the zoning official shall confirm compliance with the use, arrangement and construction set forth in such conditional zoning, approved variance, or previous special use permits, including any plans, written conditions or safeguards attached thereto. Failure of the property owner to observe any such conditions, plans, or safeguards shall be considered a violation of this ordinance.

A.

Any person violating any provision of this ordinance shall be guilty of an offense and, upon conviction, shall be fined not more than $1,000.00, or imprisoned for not more than 180 days or both for each offense, which is the maximum fine that the State of Georgia allows jurisdictions to impose. Each day that such violation continues shall constitute a separate offense.

B.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, engineer, or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

C.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of this ordinance; or if any building, structure or land is used in violation of this ordinance; the Mayor, council, zoning official, building inspector, 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 legal action in proceeding to stop the violation.

Any prosecution arising from violation of a prior zoning that is superseded or repealed by these regulations or amendment hereof, shall be tried and determined as though such prior zoning had not been superseded, when such prosecution is pending at the effective date of enactment or amendment, or when such prosecution began within one year after such effective date in consequence of violation of prior zoning regulations.