Inspections and enforcement authority outlined herein applies to the fire chief, community development director, or other administrator authorized by the city manager.

11.1.1. Right of entry.

A.

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the community development director shall be permitted to enter during all reasonable hours, or outside reasonable hours, in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this UDC during the open period of any land disturbance, building permit, or other open quasi-judicial or zoning decision.

B.

Upon presentation of city identification to the developer, contractor, owner, owner's agent, operator or occupants, city employees authorized by the community development director may seek to enter, during all reasonable hours, or outside reasonable hours in the event of any emergency threatening life or property, any public or private property for the purpose of making inspections to determine compliance with the provisions of this UDC. Where consent is not given to entry, such city employees may seek a warrant to secure entry to the premises.

C.

If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the community development director.

D.

The owner or operator shall allow the community development director ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography, and videotaping for ensuring compliance with the provisions of this UDC. The owner or operator shall allow the community development director to examine and copy any records that are required under the conditions of any permit granted under this UDC.

E.

The community development director shall have the right to set up on any premises, property, or facility such devices as are necessary to conduct any monitoring and/or sampling procedures.

F.

The community development director may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the city. The owner shall maintain this sampling and monitoring equipment at all times in a safe and proper operating condition or operator at their own expense.

G.

Any temporary or permanent obstruction to safe and easy access to the premises, property, or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the community development director and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

H.

Unreasonable delays in allowing the community development director access to a facility, property, or premises shall constitute a violation of this UDC.

I.

If the community development director has been refused access to any part of a premises, property, or facility and the community development director is able to demonstrate probable cause to believe that there may be a violation of this UDC, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this UDC or any order issued hereunder, or to protect the overall public health, safety, environment, and welfare of the city, then the community development director may seek issuance of an inspection warrant from the municipal court.

J.

The community development director may determine inspection schedules necessary to enforce the provisions of this UDC.

11.1.2. Inspection warrants.

A.

The community development director, in addition to other procedures provided, may obtain an inspection warrant for the purpose of inspection or investigation of conditions relating to the enforcement of this UDC or observation, measurement, sampling, or testing with respect to the provisions of this UDC.

B.

Inspection warrants may be issued by the municipal court when the issuing judge is satisfied that the department has established by oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection that includes the property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of the property.

C.

An inspection warrant shall be issued only if it meets the following requirements:

1.

The warrant is attached to the affidavit required to be made in order to obtain the warrant;

2.

The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or occupant of the property or discharger can reasonably determine from it the property for which the warrant authorizes an inspection;

3.

The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and

4.

The warrant refers, in general terms, to the code provisions sought to be enforced.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

Inspections and enforcement authority outlined herein applies to the fire chief, community development director, or other administrator authorized by the city manager.

A.

It is the duty of the community development director enforce the provisions of this this section.

B.

In addition, it is the duty of all officers and employees of the city, especially members of the code enforcement, police and fire departments, to assist the community development director by reporting any seeming violations, including violations in new construction, redevelopment, or land use.

11.2.1. Responsibility for enforcement.

A.

If the community development director determines that any violation of this UDC is taking place, or that a condition of zoning, variance, or other permit or administrative approvals are not complied with, community development director shall present to the owner, owner's agent, occupier, or party responsible for such use or activity, a notice of violation and order the use or activity to cease immediately.

B.

The written notice of violation shall at least contain the following information:

1.

The name and address of the owner or responsible person;

2.

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

3.

A description of the nature of the violation;

4.

A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this UDC;

5.

The deadline or completion date of any such remedial actions or measures, to consist of not less than ten days, except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice shall be sufficient; and

6.

A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the notice of violation is directed.

7.

The name and contact information of the enforcement officer who drafted the notice of violation.

C.

If the violation has not been corrected within a reasonable length of time, as noticed in the violation, the owner of the property on which such violation has occurred or the owner's agent, occupier, or other party responsible for the violation shall be subject to the penalties set forth in this chapter, provided that the community development director may, at their discretion, extend the time for compliance with any such notice.

D.

The community development director also shall have authority to issue a warning notice prior to issuance of a notice of violation. A warning notice shall be discretionary when circumstances warrant such action in the opinion of the community development director and shall, under no circumstances, be required prior to issuance of a notice of violation or other enforcement action. If issued, a warning notice shall include all of the requirements set forth in subsection 11.2.1.B. If a warning notice has not resulted in corrective action within the time specified in the notice, or within any time limit as extended by the community development director, the community development director may proceed with a notice of violation or other authorized enforcement action.

E.

The community development director also shall have the authority to extend the originally issued deadline for compliance by up to six months, if it is established to the community development director's satisfaction that the responsible party is:

1.

Acting in good faith to comply with the notice by taking incremental action to remedy the situation; and

2.

Is unable to comply with the original deadline presented due to financial, medical, or legal hardship or another extenuating circumstance.

F.

Appeals of notices of violation shall be made pursuant to the process outlined in section 13.11, appeals.

11.2.2. Stop work orders and revocations. The community development director may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant 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 applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

11.2.3. Other enforcement. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of, any one or more of the following actions may be taken against the person to whom the notice of violation was directed. Before taking any of the following actions, the community development director shall first notify the applicant or other responsible person in writing of its intended action as provided subsection 11.2.1.B. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the community development director may take any one or more of the following actions or impose any one or more of the penalties provided in subsection 11.2.4, penalties for violations:

A.

Withhold certificate of completion/occupancy. The community development director may refuse to issue a certificate of completion/occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

B.

Suspension, revocation, or modification of permit. The community development director may suspend, revoke or modify the permit authorizing the project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the community development director may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

11.2.4. Penalties for violations.

A.

Civil penalties. Where authorized by statute, in the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described by the specified deadline or completion date, the city may impose a penalty not to exceed $1,000.00 (for each day the violation is not remedied after the specified deadline or completion date.

B.

Criminal penalties. The police department or community development director may issue a citation to the applicant or other responsible person, requiring such person to appear in the municipal court of the city to answer charges for such violation. Upon conviction, a fine not to exceed $1,000.00 or imprisonment for 60 days or both shall punish such person. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)

11.3.1. Purpose. Within the districts established by the Social Circle UDC and in other provisions and amendments thereto, there exist lots, uses of land, structures, and development features that were lawfully established before the UDC was adopted or amended, but that would be prohibited under the terms of this ordinance or future amendment. They are collectively referred to herein as "nonconforming situations."

11.3.2. Determination of nonconforming situations.

A.

Nonconforming structures include nonconforming buildings. An example of a nonconforming structure would be a building that was legally permitted prior to the enactment of this ordinance or prior to annexation that now fails to meet the regulations established in this UDC.

B.

An example of a nonconforming use of land would be a food processing plant that is located in a OI district. It was legally permitted in the OI district in 1982; however, the use is not permitted in the current OI district.

C.

Common examples of nonconforming development features are off-street parking areas that contain fewer spaces than required by current regulations and sites that do not comply with current landscaping or screening requirements.

D.

Such nonconforming situations are hereby declared to be incompatible with authorized and permitted uses and regulations within the district(s) involved. It is the intent of the city to require the cessation of certain of these nonconforming situations and to allow others to continue on a limited basis until they are otherwise removed or cease. Furthermore, the city intends that nonconforming situations not be used as grounds for adding other buildings, structures, or uses of land prohibited by this UDC, and that such nonconforming situations not be enlarged, expanded, moved, or otherwise altered in any manner that increases the degree of nonconformity.

E.

The ability to maintain nonconforming situations pursuant to this section shall only apply to existing features. For any new or altered development features or building additions, the provisions of each applicable section of this code apply, unless otherwise in this chapter. For example, additional parking spaces shall comply with all parking lot landscaping requirements, and a new dumpster shall comply with all dumpster setback and screening requirements.

F.

Any replacement of a preexisting manufactured home or mobile home with a new manufactured or mobile home shall be permitted in accordance with O.C.G.A. §§ 36-66-7 et seq.

11.3.3. Increase of nonconformity prohibited. Unless otherwise specifically authorized, no nonconforming situation shall be enlarged, expanded, moved, or otherwise altered in any manner that increases any aspect of the existing degree of nonconformity.

11.3.4. Burden of nonconforming status.

A.

The burden of proving a nonconformity was lawfully established rests entirely with the subject landowner.

B.

A preponderance of evidence shall be provided by the subject landowner and be sufficient to show that the nonconformity was lawfully established before adoption of the subject regulations. Evidence shall also indicate that the nonconformity has been continuous and that the situation has not lost its nonconforming status. Examples of reliable evidence include: occupational tax certificates; building permits; zoning verification letters; county billing records; utility billing records; assessment, tax or rent records; and directory listings.

C.

The community development director shall determine whether adequate proof of nonconforming status has been provided by the subject landowner or applicant.

11.3.5. Nonconforming lots of record.

A.

An undeveloped lot that has an area, frontage, or other characteristic that does not conform to the requirements of the district in which it is located but was legally subdivided as a lot of record at the time it was permitted may be used for any use allowed in the zoning district in which it is now located; however, any use or structure built on this lot subsequent to the enactment of this UDC and any further subdivision of this lot or combination of this lot with another lot shall conform to all other standards of this ordinance.

B.

Where land is taken for public purposes from a lot of record that was conforming at the time of such taking but becomes nonconforming due to said taking, the lot remaining shall be construed as a nonconforming lot of record.

11.3.6. Nonconforming uses.

A.

A nonconforming use of land may be continued so long as it is and remains otherwise lawful, subject to the following provisions:

1.

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land or floor area than was occupied prior to the date of adoption or amendment of the UDC making such use nonconforming.

2.

Unless otherwise specifically authorized, no nonconforming use of land shall be moved, enlarged, or extended, in whole or in part, onto any portion of the lot or parcel other than that portion occupied by such use prior to the date of adoption or amendment of the UDC making such use nonconforming.

3.

If any nonconforming use of land is discontinued for any reason for six months, any subsequent use of land shall conform to the regulations specified by this UDC for the district in which such land is located.

B.

Vacancy or non-use shall constitute discontinuance regardless of the intent of the owner, tenant, or lessee. Such restriction shall not apply for any period of time that such A nonconforming structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

1.

No nonconforming structure may be enlarged or altered in a way which increases any aspect of its existing degree of nonconformity, but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

2.

Should any nonconforming structure or nonconforming portion of structure be destroyed by any means except through a willful act of the owner or tenant, to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this UDC. Should such structure or portion thereof be so destroyed to an extent of 50 percent or less of its replacement cost at the time of destruction, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity; said reconstructed structure is used for a permitted use.

3.

A nonconforming structure may be moved on its own lot only if such movement reduces the degree of nonconformity or eliminates such nonconformity.

4.

Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

5.

In cases where land is taken for public purposes from lots of record that are conforming at the time of such taking in such manner as to reduce setback(s) previously provided in relation to a portion of a structure below setback requirements applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

C.

Unsafe buildings. Nothing in this UDC shall prevent the maintenance, strengthening, or restoring to a safe condition of any part of any building or structure declared unsafe by the community development director or other proper authority.

11.3.7. Nonconforming development features.

A.

Nonconforming development features may remain except as otherwise expressly stated in this ordinance, but the nature and extent of nonconforming site features shall not be increased except as otherwise expressly stated in this ordinance.

B.

No change to any nonconforming development feature shall be made which increases the degree of nonconformity with the requirements of the ordinance, but changes may be made which result in the same or a lesser degree of nonconformity. In cases where land is taken for public purposes in such a manner as to reduce existing off-street parking, loading or other development features that is required by the regulations for the current district, the deficiency thus created shall be construed as a nonconforming development feature.

11.3.8. Improvements required for redevelopment.

A.

Applicability.

1.

Renovations, alterations, adaptations, additions, restorations, repairs, or other redevelopment of a structure, portions of a structure, or site, that was in existence prior to the adoption of this UDC, shall be subject to this section.

2.

Redevelopment projects require compliance with the current UDC sections based on the scope of work triggers outlined in Table 11.3.8, redevelopment improvements.

3.

Notwithstanding the above applicability, the added cost to construct the improvements shall not exceed 125 percent of the fair market value of the structure immediately prior to such redevelopment or $20,000.00, whichever is greater. In such cases, the provisions requiring completion shall be applied in the order listed in the table below until the 125 percent cap is met.

B.

Exemptions. This section shall not apply to single-family attached or detached uses.

C.

Redevelopment improvements. For any project applicable under this section, the applicant shall incorporate the following additional improvements, identified by the cited code section, into the proposed (discretionary) scope of work:

Table 11.3.8. Redevelopment Improvements based on Proposed Scope of Work

(Ord. No. 2023-3, § 1(Exh. A), 6-20-2023)