The City of Stockbridge and the department of community development (and their designees) is designated to enforce the provisions, regulations, and intent of this Code. All remedies and enforcement shall comply with the powers set forth in all applicable State of Georgia laws.

Complaints made pertaining to this unified development code shall be investigated by the community development director (and their designees). Action may or may not be taken depending on the findings.

Investigations of property may be done from a right-of-way without permission of the property owner, or adjacent property (with permission), or from the property suspected of a violation once he/she has presented sufficient evidence of authorization and described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection and consent of the owner is obtained.

In the event that entry to the subject property is denied, by the community development director (and their designees) may apply to the municipal court to invoke legal, applicable, or special remedy for the inspection of property and enforcement of this Code or any applicable codes adopted under State code. The application shall include the purpose, violation(s) suspected, property address, owner's name if available, and all relevant facts. Additional information may be necessary as requested by the court.

The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the findings of the community development director (and their designees).

The following items shall be deemed civil zoning violations, enforceable by the community development director (and their designees). Penalties may be imposed based on the provisions set forth in this article.

A.

The placement or erection of a primary structure, accessory structure, sign, or any other element determined to not conform to the provisions or explicit intent of the unified development code;

B.

The maintenance of a primary structure, accessory structure, sign, or any other element determined to not conform to the provisions or explicit intent of the unified development code;

C.

Failure to obtain a building permit when required by this Code;

D.

Conducting a use or uses that do not comply with the provisions or explicit intent of this Code;

E.

Any failure to comply with the development standards and/or any regulations of this Code;

F.

Proceeding with work under a stop work order or a violation of a memorandum of agreement; and

G.

Any failure to comply with commitments or conditions made in connection with a rezoning, special use, variance or other similar conditioned commitment made by the city council.

(Ord. No. OR24-559, 3-4-2024)

There shall be a three-step procedure for violations of this unified development code. These steps are as follows:

A.

The community development director (and their designees) shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within fifteen (15) days of the mailing date or posting of notice. The violator will have the opportunity to respond prior to the imposition of a penalty and further rights as provided in Section 13.8.

B.

The community development director (and their designees) shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have fifteen (15) days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within fifteen (15) days or face additional notices of fines and penalties.

C.

If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the department of community development and/or City of Stockbridge may pursue court action through the municipal court. Fines and liens against the property may also be pursued until the matter is resolved.

Any violation of this Code which presents an immediate risk to the health, safety, or welfare of the public, or to property within the City of Stockbridge may be corrected by the community development director (and their designees), without prior notice to the property owner or other person responsible for the violation.

A.

Immediate public risk violations shall include:

1.

Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this unified development code.

2.

Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public.

3.

Any other immediate threat to public welfare as determined by the community development director (and their designees), city police department, county fire department, and/or other county departments.

B.

The community development director (and their designees) shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this Code, by either placing a notice in a conspicuous place on the property or by letter.

1.

The notice shall be sent to the property owner via certified mail within twenty-four (24) hours of the seizure.

2.

The notice shall include the following:

a.

A description of the materials seized;

b.

A citation of the sections of the unified development code which were violated and the characteristics of the violation which posed an immediate threat to public welfare;

c.

The address and phone number of the department of community development and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and

d.

Instructions describing how, where, and when the seized items may be claimed.

D.

The community development director (and their designees) shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30) days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a twenty-five dollar ($25.00) fine and the establishment of a memorandum of agreement between the property owner and community development director (and their designees) regarding the future use of the item in a manner consistent with this unified development code.

E.

Neither community development director (and their designees), the building inspector, or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken.

The community development director (and their designees) by mandatory injunction in the city municipal court against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this Code, or the removal of any use or condition in violation of this Code.

A.

Monetary fines may be imposed for each civil violation determined upon a single inspection. Fines shall be assessed for each day that the violation is present following the provision of any notice of violation to the property owner or other responsible party.

B.

No fine for any single violation shall exceed one thousand dollars ($1,000.00) per day.

A.

Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the city municipal court. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the community development director (and their designees) via certified mail at least three (3) days prior to the date any fine is due.

B.

Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.

C.

No additional notices will be issued by the community development director (and their designees) if the person(s) in violation has (have) submitted an appeal or notice of court review.

The community development director (and their designees) may bring an action in the city municipal court to evoke any legal, equitable, or special remedy, for the enforcement of any code or regulation, and its subsequent amendments.