§ 44-161. Development code administrator.

(a)

Duties and powers. The provisions of this chapter shall be administered and enforced by the development code administrator who shall have authority to carry out those duties necessary to interpret, administer, and enforce this chapter. The development code administrator, and his or her agent or staff, shall assist applicants in the preparation of development applications; understand the specific requirements of the code; coordinate required meetings and hearings; issue permits and notices; review development applications and prepare staff reviews for the planning commission (board), and enforce the code and perform property inspections as applicable.

(b)

Enforcement and remedies. This chapter has been adopted pursuant to the 1983 Constitution of the State of Georgia. Violation of any provision of this chapter shall constitute an offense punishable in magistrate court. The development code administrator shall be responsible for ensuring enforcement of this chapter in accordance with the following procedures:

(1)

Inspections and investigations. The development code administrator or his/her designated agent may conduct regular site inspections of all approved development activities to monitor and document compliance with this chapter and any special approval conditions. If the development code administrator has received a reported complaint regarding an alleged violation of this chapter, the complaint shall be investigated and the extent of the alleged violation documented in writing.

(2)

Notice. Once a violation has been confirmed through on-site investigation, the development code administrator shall make a good faith effort to contact the property owner in writing to notify him/her of the nature of the violation and note the options available for addressing the violation. If the property owner cannot be contacted, or if contacted, the property owner does not correct the violation, the development code administrator shall send a written notice of the violation to the property owner by certified mail, return receipt requested. The official violation notice shall contain the following information:

a.

The date of the notice;

b.

An explanation of the nature of the violation that has been documented;

c.

A reference to the specific provisions or requirements of the ordinance or permit approval conditions that have been violated;

d.

A statement that the violation should be corrected within 30 days of the date of the notice to avoid further legal action;

e.

An explanation of the corrective measures or options necessary to mitigate or correct the violation;

f.

A statement of the legal actions that will be pursued by the county if the violation is not remedied.

(3)

Failure to correct violation. If, within 30 days of the date of the official notice, the violation has not been corrected, the development code administrator shall notify the county attorney of the violation, and request any appropriate legal action.

(4)

Penalties. Upon conviction of a violation of any provision of this chapter, the violating party or parties shall be deemed guilty of a misdemeanor. Any person violating any provision(s) of this chapter shall be subject to a fine of up to $1,000.00 for each violation. Each day that a violation continues after the date of official violation notice shall be considered a separate violation.

(c)

Development review and coordination. The development code administrator, and his or her agent or staff, may prepare a staff report on each major development application with the assistance and consultation of county departments and/or other affected and interested in public agencies. All staff reports should include at the minimum an analysis of:

(1)

Estimated increases in school enrollment as a result of proposed residential development.

(2)

Estimated increases in the volume of traffic and anticipated effects on the existing street/road system.

(3)

Estimated increase in commercial business or employment growth.

(4)

Effect on law enforcement as it relates to response time, manpower, the need for additional facilities and major capital equipment, or other resources.

(5)

Effect on fire protection as it relates to response time, manpower, fire flows, the need for additional facilities and major capital equipment, or other resources.

(6)

Effect on the environment and natural resources including but not limited to soils, groundwater, surface water, air quality, or other sensitive resources deemed applicable by the development code administrator.

(7)

Effect on public water and sewer systems.

(8)

Effect on recreational facilities and impact on recreational opportunities.

(9)

Effect on affordable housing opportunity.

The development code administrator may convene a development review committee consisting of personnel from affected county departments and public agencies involved in the preparation of an impact report of each major development application. Development review conferences should be held at least ten working days prior to the public hearing at which the development application shall be presented. Findings and recommendations of the staff report shall be discussed and/or reiterated during the development review conference to affirm documented research. The applicant should be present during this meeting, and may be permitted to consult with members of the review committee regarding technical aspects of the findings. The applicant shall be made aware of the meeting at least ten calendar days in advance by regular mail.

(Ord. of 3-23-99, Art. VIII, § 1)