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Polk County Unincorporated
City Zoning Code

DIVISION 718

ADMINISTRATION AND ENFORCEMENT

Sec. 718.01.- Administration Authority

The Planning and Zoning Director shall administer and enforce this article [division] including departmental approval of all development permits. If the Planning and Zoning Director or his designated representative shall find that any of the provisions of this article [division] are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Director shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures including illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this article [division] to ensure compliance with or to prevent violation of its provisions.

Sec. 718.02. - Administrative Variances.

The Planning and Zoning Director is hereby authorized to grant variances (except for density and use) from the development standards of this article [division], where, in their opinion, the intent of the article [division] can be achieved and equal performance obtained by granting the variance. Administrative Variance fee established as referenced in Subpart A, Chapter 1, Section 1-17 - Fee Schedule. The authority to grant such variances shall be limited to 10% of any development standard except as noted below:

a)

Front or major side setbacks - up to 20 feet.

b)

Side setback - up to 4 feet per side.

c)

Rear setback - up to 10 feet.

d)

Buffer area - up to 10 feet.

e)

Required parking - 20% of the total required.

(Ord. No. 2019-04, § 1, 2-5-2019)

Sec. 718.03. - Reserved.

Editor's note— An ordinance adopted Aug. 7, 2012, deleted § 718.03 which pertained to review of development permit applications and derived from the county zoning ordinance.

Sec. 718.04. - Schedule of Fees, Charges and Expenses.

The Board of Commissioners shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, rezoning and variance applications, special land use permits and other matters pertaining to this article [division]. The schedule of fees shall be posted in the office of the Planning and Zoning Director, and may be altered or amended only by the Board of Commissioners. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. See fees as referenced in Subpart A, Chapter 1, Section 1-17 - Fee Schedule.

(Ord. No. 2019-04, § 1, 2-5-2019)

Sec. 718.05. - Building Inspector.

The duties of the building inspector with respect to this article [division] shall include, but not be limited to:

A.

The issuance of building permits in accordance with all provisions of this article [division].

B.

Making field inspections to determine that the building or structure being constructed, reconstructed, moved or structurally altered or used is being pursued in accordance with the site plan for which a building permit has been issued. The building inspector shall issue citations when a violation is found to exist so that appropriate legal action may be taken to insure compliance.

C.

Determining, to the best of their ability, that all construction has been completed in accordance with all applicable County code requirements prior to allowing occupancy.

Sec. 718.06. - Appeals from Decisions of the Planning and Zoning Director.

It is the intention of this article [division] that all questions arising in conjunction with the administration, interpretation and enforcement of this article [division] by the Planning and Zoning Director may be appealed to the Planning Commission. All appeals of the decision of the Planning and Zoning Director must be submitted in writing to the Department of Planning and Zoning within 10 days of the written decision.

Sec. 718.07. - Remedies.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be in violation of any provision of this article [division], the Planning and Zoning Director or any other appropriate authority of the County may, in addition to other remedies, and after 5 days from the receipt of certified written notice of the violation to the owner and/or any other person in violation of this article [division], issue a citation for violation of County Code requiring the presence of the violator in the magistrate court, institute an injunction or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation or to prevent the occupancy of such building, structure or land. The Planning and Zoning Director may, in addition to other remedies, notify that utility service be withheld therefrom until such time as the structure or premises is no longer in violation of these regulations.

Sec. 718.08. - Penalties for Violation.

A.

Any person who violates this article [division] or fails to comply with any of its requirements shall, upon conviction thereof, be fined up to $1,000.00 for each violation and/or imprisoned for not more than 6 months, or both, and in addition, shall pay all costs and expenses involved in each separate offense. Except for a different violation, each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the County from taking such other lawful action as is necessary to prevent or remedy any violation.

B.

The punishment imposed for any violation of this section shall not exceed a fine of $1,000.00 or six months' imprisonment or both. See fines as referenced in Subpart A; Chapter 1, Section 1-18, Fine Schedule.

(Ord. No. 2019-01, § 1, 2-5-2019)