The purpose of this article is to provide for administration and enforcement procedures of this chapter, including administration; public hearings, forms of petitions, applications and appeals; interpretation; severability; effective date; and remedies and penalties for violation.

(Res. No. 2019-09, 6-4-19)

The planning commission or its delegate, the planning director, shall have the power and duty enforce the provisions of this chapter. All departments, officials, and public employees of White County, vested with the duty and authority to issue permits, shall conform to the provisions of this resolution and shall issue no permit, certification, or license for any use, building, or purpose which violates or fails to comply with conditions or standards imposed by this chapter. Any permit, certificate, or license issued in conflict with the provisions of this chapter, intentionally or otherwise, shall be void. No application which is incomplete shall be processed or received by the planning commission or its delegate, the planning director.

(Res. No. 2019-09, 6-4-19)

All petitions, applications, and appeals provided for in this chapter shall be made on forms prescribed by the planning commission and issued by the planning director. The standard application form shall be used for all district and chapter changes, variances, conditional uses, appeals, and other planning actions.

(Res. No. 2019-09, 6-4-19)

If the provisions of this chapter conflict with or are less restrictive than comparable conditions imposed by any other provision of Georgia statutes or any other White County resolution or ordinance, then the most restrictive provision shall apply.

(Res. No. 2019-09, 6-4-19)

If any section, subsection, sentence, phrase, or any portion of this chapter be declared invalid or unconstitutional by any court of competent jurisdiction, or if the provisions of any part of this chapter as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this chapter not so held to be invalid, or the application of this chapter to other circumstances not so held to be invalid. It is hereby declared to be the intent of the county commissioner to provide for separable and divisible parts, and he does hereby adopt any and all parts hereof as may not be held invalid for any reason.

(Res. No. 2019-09, 6-4-19)

(a)

In the event that any person, firm, or corporation violates any provision of this chapter, the county may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful act or to correct or abate such violation.

(b)

In addition to any other enforcement provision provided herein, any person who shall violate the terms of the land use resolution of White County, Georgia may be punished by a maximum fine of $1,000.00 or a maximum of 60 days imprisonment or both. The magistrate court of White County shall have jurisdiction and power over the trial of charges of violations of these ordinances.

(1)

The magistrate court may not conduct jury trials. However, any defendant who is charged with violating these ordinances may, any time before trial, demand that the case be removed for a jury trial to the superior court of White County. Such demand shall be written. Upon such demand, the magistrate court shall grant the demand. The failure by an accused to so demand removal of the case shall constitute a waiver of any right to trial by jury that the accused may otherwise have.

(2)

The prosecution for violations of county ordinances shall be upon citation as White County Board of Commissioners may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation.

(3)

Accusations of violations of these ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial; however, any defendant or accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and shall be required to post a bond for his/her future appearance.

(4)

The White County Board of Commissioners may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney, as well as upon accusations.

(5)

Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which the citation shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes and serves the citation.

(6)

Prosecutions for violations of these ordinances and regulations upon citations shall be commenced by the completion, signing and service of a citation by any agent of the county who is authorized by the White County Board of Commissioners to issue citations or by an agent of the state who is authorized to issue citations. The original of the citation shall be personally served upon the accused, and a copy shall be promptly filed with the court.

(7)

The chief magistrate of White County may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of these ordinances.

(8)

Execution may issue immediately upon any fine imposed by the court and not immediately paid. The sheriff of White County shall receive and house all persons sentenced to confinement for contempt or sentenced to confinement for violation of these ordinances.

(9)

The review of convictions shall be by certiorari to the superior court of White County.

(10)

The county attorney or another attorney designated by the White County Board of Commissioners may act as prosecution attorney for violations of county ordinances.

(c)

Should any work be performed for which a building, grading or development permit is required prior to the issuance of a permit by White County the fees for such permit shall be doubled or the charge for such permit shall be a minimum of $100.00 whichever is greater.

(Res. No. 2019-09, 6-4-19)

This revised ordinance shall take effect on June 4, 2019.

(Res. No. 2019-09, 6-4-19)