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Walton County Unincorporated
City Zoning Code

ARTICLE 15

ENFORCEMENT AND PENALTIES

Section 15-1-100 - Enforcement

A.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, concert or demolish, use, occupy or maintain any building or structure or use any land in the county, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance.

B.

It shall be the duty of the Director to enforce this Ordinance. The Director shall have the authority to revoke, suspend or void any development permit or building permit and shall have the authority to suspend all work on a site or portion thereof.

C.

Any permit issued in conformance with this Ordinance shall be voided if its terms are violated.

D.

Work which is not authorized by an approved permit, which is not in conformance with the approved plans for the project or which is not in compliance with the provisions of this Ordinance or any other adopted code, regulation or ordinance of Walton County, shall be subject to an immediate stop work order issued by the Department. Work which proceeds without having received the necessary inspections of the Department shall be halted until all inspections of intervening work are complete.

E.

The filing or recording of a plat of a subdivision or development without the required approvals as established by this Ordinance is declared to be a misdemeanor. The transfer of, sale, agreement to sell, or negotiation to sell land or other use of a plat of a subdivision or development, as herein defined, that has not been approved by the Department and recorded in the Office of the Clerk of the Superior Court of Walton County is prohibited, and the description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from penalties.

Section 15-1-110 - Violations

A.

Whenever the Department determines that activity on a property does not comply with the approved development and construction plans, with the provision of this Ordinance, or development or building permit, a notice of violation may be issued. Whenever the drainage system has been unlawfully altered, causing inadequate drainage, a notice of violation may be issued.

B.

Whenever the conditions of rezoning, conditional use permit, Board of Appeals, or administrative approvals are not complied with, a notice of violation shall be issued.

C.

Whenever the Director determines that any of the activities listed in paragraph A or B of this Section are taking place, the Director may order the work stopped by the posting, in a conspicuous place on the site or on the building, a stop work notice. This stop work notice shall constitute the notice of violation.

D.

The notice of violation of the provisions of this Article or of any rule or regulation adopted pursuant thereto, shall be to the owner of the property or his agent shall:

1.

Be in writing.

2.

Include a description of the property sufficient to identify where the violation has occurred.

3.

List the specific provisions of this Ordinance that have been violated.

E.

If the violations have not been corrected within a reasonable time, not less than five (5) days, the owner of the property on which such violations occurs the owners agent or the party responsible for the violation shall be subject to the penalties set forth in Section 15-1-140, provided, however, that the Director may, at his discretion, extend the time for compliance with any such notice.

Section 15-1-120 - Inspections and Right of Entry

A.

Upon presentation of identification to the developer, contractor, owner, owner's agent, operator or occupants, employees of the County are authorized to make inspections of buildings or structures (their construction and use) and land (its use, development and subdivision) to determine if they conform to the requirements of this Ordinance. Inspections shall be carried out during reasonable business hours, unless an emergency exists.

B.

The County may inspect any drainage system within or outside of an existing drainage easement. All drainage facilities located on private property, whether dedicated to the county or not, shall be accessible at all times for County inspection. Reasonable access shall be provided to all drainage easements for inspection and maintenance functions. Where an easement does not exist for the drainage system, the permission of the owner shall be obtained before entrance; however, in the event of emergency maintenance requirements, permission of the owner shall not be mandatory.

Section 15-1-130 - Emergency Maintenance

The county may conduct emergency maintenance operations on private land and on drainage systems where emergency conditions exist and where drainage easements have been recorded. Emergency maintenance shall constitute the removal of trees and other debris, which in the judgment of the Director create a condition potentially injury to life, property or the public road system.

Section 15-1-140 - Penalties for Violation

A.

Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this Ordinance shall be guilty of violating a duly adopted Ordinance of Walton County and shall be punished by imposition of a minimum fine of one hundred dollars ($100.00), imprisonment or both, not to exceed the maximum penalties specified in O.C.G.A. § 36-1-20. Each offense shall constitute a separate offense for each day such violation shall continue.

B.

The owner of any lands or parts thereof, where anything in violation of this Ordinance shall be placed or shall exist and each responsible party or other person assisting in the commission of any such violation, shall be guilty of a separate offense.

C.

The court shall have the power and authority to place any person found guilty of violation of this Ordinance on probation and to suspend or modify any fine or sentence. As a condition of suspension, the court may require payment of restitution or impose other punishment as allowed by law.

D.

Where a violation of this Ordinance exists with respect to a structure, use or land and responsible party or other person that has been found guilty by a court of competent jurisdiction, the Director may, in addition to other remedies, require that public utility service be withheld therefrom until such time as the structure or premises is no longer in violation of this Ordinance.

E.

The Director or the Board of Commissioners may revoke the Walton County Occupational Tax Certificate of any entity found guilty by a court of competent jurisdiction of a violation of this Ordinance with respect to a structure, use, or land.

Section 15-1-150 - Remedies

In the event any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure, or land is used in violation of this Ordinance, the Director, or any appropriate County authority or any person who would be damaged by such violation may institute injunction, mandamus or other appropriate action in proceeding to prevent the violation in the case of each building, structure, or land use pursuant to O.C.G.A. § 15-10-63 and any successor statute.