ORD-2003-006 Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation)

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Public Hearing Ordinance 5 023 A notice of violation is not required where a notice of the same violation has been issued to the same violator at the same property within the previous two (2) years. In such cases, the violator may be charged with a continuing violation without further notice, as provided in Section 23.4.5 below. A notice is also not required where action is taken under Sections 23.3.1 a), b) or f). 23.2.4 Appeal to Board of Adjustment: Any person aggrieved by the Zoning Officer's determination of a violation or a correction order may appeal that determination or order to the Board of Adjustment in accord with the provisions of Article 2.3 of this Ordinance, including payment of the appropriate fee. Except as provided in that Article, an appeal generally stays all further actions to enforce a notice of violation, correction order, or Stop Work Order, until the Board of Adjustment has decided the appeal. Civil Penalty Citations that follow the initial notice of violation may not be appealed to the Board of Adjustment. The Board shall hear the appeal and may affirm, modify, or revoke the determination of a violation. If there is no appeal, the Zoning Officer's determination of the nature and degree of the violation are final. 23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: If the violator does not comply with a notice of violation, correction order, or Stop Work Order, which has not been appealed, or with a final decision of the Board of Adjustment, the violator shall be subject to enforcement action as prescribed by State law or by this Ordinance. 23.2.6 Extension of Time Limit to Correct Violation: The recipient of a notice of violation, correction order, or Stop Work Order, or the owner of the property on which the violation occurs, may submit to the Zoning Officer a written request for extension of the notice or order's specified time limit for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Zoning Officer may extend the time limit as reasonably necessary to allow timely correction of the violation. 23.2.7 Enforcement Action After Time Limit to Correct Violation: Following the time limit for correction of the violation, including any stay or extension thereof, the Zoning Officer shall determine whether the violation has been corrected. If the violation has been corrected, the Zoning Officer shall take no further action against the alleged violator. If the violation has not been corrected, the Zoning Officer may act to impose one or more of the remedies and penalties specified in the notice of violation, correction order, or Stop Work Order. 23.2.8 Emergency Enforcement Without Notice: If delay in correcting a violation would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Officer may seek immediate enforcement without prior written notice through any of the remedies or penalties authorized in Article 23.3. GACurrent Planning Div\Tking\ZO &SR Enforcement Amendments \Public Hearing Ordinance