Agenda - 06-03-2003 - 8l - Laserfiche WebLink

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ORDINANCE AS RECOMMENDED BY THE PLANNING BOARD 10 The person(s) conducting the violating activity and /or the property owner may appeal the Stop Work Order to the Board of Adjustment pursuant to Article 2.3 of this Ordinance. 23.4 Civil Penalty 23.4.1 General The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of violation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of t+" ene ) five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. GACurrent Planning Div \Tking \Feb 24 PH\Ordinance as Recommended by Planning Board