Sumter County Unincorporated
City Zoning Code

The zoning administrator shall administer and enforce this appendix, and is hereby given the authority and responsibility to enforce all provisions of this appendix under the direction of the board of county commissioners which includes but is not limited to the following duties:

A.

To serve as a liaison between the county planning commission and the board of county commissioners, keeping each body advised of pending actions pertaining to zoning.

B.

To serve as a non-voting ex-officio member of the planning commission providing technical assistance in matters relating to zoning requests.

C.

To maintain in a timely and current manner the official zoning map reflecting thereon any and all rezoning amendments approved by the board of commissioners.

D.

To perform any other rezoning duties as directed by the board of county commissioners.

(Ord. of 7-16-24(2), § 30)

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this appendix shall be collected by the zoning administrator in advance of the issuance of such permits or certificates.

The amount of such fees shall be established by the board of county commissioners, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this appendix. The fees shall be collected by the zoning administrator. No fees shall be collected or applications accepted for any property that has past due Sumter County property taxes on the date of application. The application may be accepted once the zoning administrator has received proof of payment from the Sumter County Tax Collector.

(Ord. of 7-16-24(2), § 30)

A.

Enforcement options. Enforcement of this appendix may be through criminal prosecution, civil fines, or other civil proceedings. Any person, firm, partnership, corporation or other legal entity who shall do anything prohibited by this appendix as the same exists or as it may hereafter be amended or which shall fail to do anything required by this appendix as the same exists or as it may hereafter be amended shall be subject to an enforcement action. The county shall also be authorized to bring actions in rem against the property itself.

1.

Representatives of the county shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this appendix, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection, as permitted by law. Officers and officials may seek inspection warrants or search warrants on probable cause of a violation occurring inside a structure. No warrant shall be required to investigate visible and open violations or uses.

2.

No person shall obstruct, hamper or interfere with any county representative while in the process of carrying out his official duties in the enforcement of this appendix.

B.

Persons who may be cited. Owners are ultimately responsible for the condition of their property and ensuring that their property and all activity occurring on such property are in compliance with this appendix. For any violation, both the owner of the property and/or the individual agent, tenant or invitee of the owner responsible for the violation may be cited, where appropriate. Agents of the owner would include, but not be limited to, developers, builders, contractors, and sub-contractors. Tenants and invitees would include, but not be limited to, any renter, leaseholder, owner of any vehicle or structure on the property, or other person conducting an activity on the property who is not a trespasser. Corporations and companies responsible for the work may be cited in lieu of or in addition to citations issued to the actual individuals on-site committing violations. In addition, the county shall also be authorized to bring actions in rem against the property itself.

C.

Daily violations. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation, subjecting the offender to a new citation, or other civil or criminal proceeding.

D.

Multiple violations. Each separate action, omission, or occurrence relating to any specific provision of this appendix shall be a separate violation, subjecting the offender to a separate citation.

E.

Criminal prosecution. The zoning administrator, or designated code enforcement personnel, or other authorized personnel, may issue criminal citations for violations of this appendix, or violation of any stop-work order.

1.

Criminal prosecutions for violation of this appendix shall be commenced by the completion, signing, and service of a citation by an authorized county official or zoning enforcement officer. No warning need be issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative or, if a corporation, an officer of the corporation or its on-site representative or the person or persons in charge of the activity on the property; a copy shall be promptly filed with the magistrate court. A stop-work order may be issued in conjunction with a citation.

2.

Each citation shall state the time and place at which the accused is to appear for trial in magistrate court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the deputy sheriff or other authorized officer who completes and serves it.

3.

Any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.

4.

The district attorney, county attorney, or another attorney designated by Sumter County may act as prosecuting attorney for violations of this appendix.

5.

Fines shall be assessed in accordance with section 23.04.

F.

Civil fines and proceedings. In addition to or in lieu of any other remedy, the county may seek injunctive, mandamus or other appropriate relief in superior court to enjoin or prevent a violation of any provision of this appendix. Such action may also seek civil fines in accordance with section 23.04 and may additionally seek the costs of restitution, and any other costs associated with the action to enjoin or prevent any violation of any provision of this appendix. The county shall be entitled to its reasonable attorney's fees and costs for bringing an action in superior court wherein any relief is granted or fine assessed.

G.

Stop work orders. Upon notice from the zoning administrator, designated code enforcement officers, or other authorized personnel, work on any project that is being done contrary to the provisions of this appendix shall be immediately stopped.

1.

Stop work orders shall affect all work being done on a project or development (including work done on other lots in the subdivision owned by the same violator). Stop work orders stop not only the work in violation, but all other work by contractors or sub- contractors on the same property. Only work to remedy the deficiency shall be allowed until the stop work order is lifted.

2.

A stop work order shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency or other exigent circumstances exist, no written notice shall be required, and a verbal stop work order may be issued, with a written order to be provided within three working days.

3.

Stop work orders may be issued on their own, or in conjunction with criminal citations, or civil proceedings in superior court.

4.

Issuance of a stop work order may be appealed to the board of zoning appeals.

H.

Additional criminal penalties. Persons cited criminally are also subject to the other penalties within the jurisdiction of the magistrate court, including incarceration up to 60 days, community service, and probation.

(Ord. of 7-16-24(2), § 30)

Fine schedule. Fines assessed under this appendix shall be assessed according to the following mandatory schedule, whether assessed as a civil fine in superior court, or assessed as a criminal penalty upon conviction in magistrate court. The maximum permissible fine shall be $1,000.00 per offense. In no event shall a fine be reduce below the mandatory minimum, as set forth below. Fines may be increased by mandatory add-ons under state law. As a deterrent to violation, second and subsequent violations by the same offender of any provision of this appendix, whether violations of the same or different provisions of this appendix as the initial violation, and whether involving the same or different property, shall increase the fine owing. However, repeated citations for the same violation on a second and subsequent days shall not count as a subsequent violation, but shall rather be assessed at the same rate as the initial violation.

A.

First violation: For the first violation of any provision of this appendix by any violator (whether an individual or corporation), the fine shall be $250.00, unless otherwise noted.

B.

Second violation: For the second violation of any provision of this appendix (whether the same or different as the first violation) by the same violator (whether an individual or corporation), the fine shall be $500.00, unless otherwise noted.

C.

Third violation: For the third and subsequent violation of any provision of this appendix (whether the same or different as the prior two violations) by the same violator (whether an individual or corporation), the fine shall be $750.00, unless otherwise noted.

(Ord. of 7-16-24(2), § 30)

The zoning department shall keep records of violators, whether corporate or individual, in order to determine when second and subsequent violations occur.

(Ord. of 7-16-24(2), § 30)