- ENFORCEMENT
Whenever a violation of this ordinance is alleged to have occurred, any person may file a written complaint. The complaint must state fully the causes and basis thereof and shall be filed with the Land Code Administrator. The Land Code Administrator shall record the complaint, promptly investigate, and take action as provided by this ordinance.
In order to ensure compliance with or to prevent violation of this ordinance and its provisions, the Land Code Administrator may order:
1.
The discontinuance of any use of land, buildings or structures that was not legally established in accordance with this ordinance.
2.
The removal by the property owner of any buildings, structures, additions, alterations, or structural changes which were not legally erected in accordance with this ordinance.
3.
The discontinuance of any work being done which is not in compliance with this ordinance.
If the Land Code Administrator or a police officer finds that any of the provisions of this ordinance are being violated, he/she may issue a Notice of Violation. The Notice of Violation shall be in writing to the person responsible for the violation and shall indicate the nature of the violation, the action necessary to correct it, and the timeframe in which corrections must be completed.
If the Land Code Administrator is unable to determine and contact the person responsible for a violation, then the landowner of the property on which the violation is occurring shall be held responsible regardless of the action or inaction of the landowner.
For the purposes of this article, a Notice of Violation may be served by any of the following:
1.
The Notice of Violation may be personally delivered. The signature of the person responsible for the violation, their subcontractor, their employee or spouse on an acknowledgement of receipt shall serve as documentation of delivery. Refusal to sign an acknowledgement of receipt when presented in person by the Land Code Administrator or a police officer shall be considered a violation of this ordinance.
2.
The posting of a Notice of Violation in a prominent place for at least three work days on the site where an active and on-going violation is occurring. The posted notice shall be on red paper and not less than 8.5" x 11" in size. Such posting shall be documented by daily photographs of the positing on the site for at least three consecutive work days. The disappearance of a posted notice does not invalidate that day's posting provided it is replaced the same day.
3.
By mailing, via certified or registered mail with a return receipt requested, the Notice of Violation to the property owner at the address on file at the Stone County Tax Assessor's office. The failure of the landowner to provide an address that is current and able to receive mail with the Tax Assessor's office shall not be cause to invalidate this type of notice.
A Notice of Violation shall not be required in cases that involve the health, safety or welfare of the public or in cases of repeat offenses on the same property with the same violator. A Notice of Violation shall not be required in cases of the erection of illegal signs.
If the violation is not corrected by the time given in the Notice of Violation, the Land Code Administrator or a police officer may issue a citation for the violation.
Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction, be fined not less than $50.00 and not more than $500.00 per day that the violation continues once the citation is issued. The day the citation is issued shall count as the first day. Failure to pay court ordered fines may be punishable by up to 6 months in jail per offense.
Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
- ENFORCEMENT
Whenever a violation of this ordinance is alleged to have occurred, any person may file a written complaint. The complaint must state fully the causes and basis thereof and shall be filed with the Land Code Administrator. The Land Code Administrator shall record the complaint, promptly investigate, and take action as provided by this ordinance.
In order to ensure compliance with or to prevent violation of this ordinance and its provisions, the Land Code Administrator may order:
1.
The discontinuance of any use of land, buildings or structures that was not legally established in accordance with this ordinance.
2.
The removal by the property owner of any buildings, structures, additions, alterations, or structural changes which were not legally erected in accordance with this ordinance.
3.
The discontinuance of any work being done which is not in compliance with this ordinance.
If the Land Code Administrator or a police officer finds that any of the provisions of this ordinance are being violated, he/she may issue a Notice of Violation. The Notice of Violation shall be in writing to the person responsible for the violation and shall indicate the nature of the violation, the action necessary to correct it, and the timeframe in which corrections must be completed.
If the Land Code Administrator is unable to determine and contact the person responsible for a violation, then the landowner of the property on which the violation is occurring shall be held responsible regardless of the action or inaction of the landowner.
For the purposes of this article, a Notice of Violation may be served by any of the following:
1.
The Notice of Violation may be personally delivered. The signature of the person responsible for the violation, their subcontractor, their employee or spouse on an acknowledgement of receipt shall serve as documentation of delivery. Refusal to sign an acknowledgement of receipt when presented in person by the Land Code Administrator or a police officer shall be considered a violation of this ordinance.
2.
The posting of a Notice of Violation in a prominent place for at least three work days on the site where an active and on-going violation is occurring. The posted notice shall be on red paper and not less than 8.5" x 11" in size. Such posting shall be documented by daily photographs of the positing on the site for at least three consecutive work days. The disappearance of a posted notice does not invalidate that day's posting provided it is replaced the same day.
3.
By mailing, via certified or registered mail with a return receipt requested, the Notice of Violation to the property owner at the address on file at the Stone County Tax Assessor's office. The failure of the landowner to provide an address that is current and able to receive mail with the Tax Assessor's office shall not be cause to invalidate this type of notice.
A Notice of Violation shall not be required in cases that involve the health, safety or welfare of the public or in cases of repeat offenses on the same property with the same violator. A Notice of Violation shall not be required in cases of the erection of illegal signs.
If the violation is not corrected by the time given in the Notice of Violation, the Land Code Administrator or a police officer may issue a citation for the violation.
Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction, be fined not less than $50.00 and not more than $500.00 per day that the violation continues once the citation is issued. The day the citation is issued shall count as the first day. Failure to pay court ordered fines may be punishable by up to 6 months in jail per offense.
Nothing contained herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.