§ 11. Administration, enforcement, and penalties.
11-1
Land Development Administrator. An administrative official designated as the Land Development Administrator by the Board of Commissioners, Lanier County, Georgia, shall administer and enforce the provisions of this ordinance.
11-2
Building/Development Permit Required. A building/development permit issued by the Land Development Administrator is required in advance of the initiation of construction, erection, moving, demolition, or alteration of any building or structure or any land development. No building or development permit shall be issued except in conformity with the provisions of this ordinance; however, a building permit issued before the adoption of this ordinance shall remain valid with the same qualifications as issued under this ordinance.
11-3
Application for Building/Development Permit. All applications for building/development permits, except single-family residential, duplexes and agricultural buildings not intended for human occupancy, and their accessory uses shall be accompanied by two (2) site plans drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of the lot, the number of dwelling units the building is designed to accommodate, the setback lines of the building on the "permit lot," the various easements on the lot and such other information as may be essential for determining whether the provisions of this ordinance are being observed. The following is required on the site plan before the site plan is considered by the Land Development Administrator and any permits are approved (single-family residential, duplexes and agricultural buildings, and their accessory uses are excluded from the following items except number 3 below):
1.
Topography (MSL) existing and proposed.
2.
Drainage plans.
3.
Location and size of ingress/egress.
4.
Water mains and services, both existing and proposed.
5.
Water services as well as fire hydrants in the lot and the specific meter size and location.
Any building/development permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work or development is commenced; provided that extensions of time and periods not exceeding six (6) months each may be allowed in writing by the Land Development Administrator. Any unapproved deviation from the site plan shall cause the Land Development Administrator to not issue a Certificate of Occupancy.
Single-family residential, duplexes and agricultural buildings, and their accessory uses, site plans need not be drawn to scale, but must be accurate as to dimensions of lot and proposed building.
The applicant for a building/development permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in question does not meet the lot width and lot area requirements of this ordinance, then the applicant shall certify that such lot was a lot of record prior to the adoption of this ordinance or is a lot which has been created through governmental taking of property.
All applications for a building/development permit shall be closely coordinated with Lanier County's Soil and Sedimentation and Erosion Control Ordinance.
11-3.1
Coordination with Development of Regional Impact Requirements. The Georgia Department of Community Affairs, pursuant to the Georgia Planning Act, has established criteria for the identification of certain large scale developments which have the potential to cause land use impacts beyond the boundaries of the respective local government where a project might be proposed. These developments, known as Developments of Regional Impact (DRIs), shall be submitted, based on established DCA standards, procedures, and format, to the South Georgia Regional Development Center (SGRDC) for review and recommendation prior to issuance of any local building or development permit or utility tap (does not apply to any activity reviewed under any earlier land development district amendment.) As such, these requirements establish an official delay in the local permitting and/or review process to allow for compliance with these requirements.
11-3.2
Coordination with Water Resource District Requirements. As identified in Section 10, Water Resource Districts, Lanier County contains three identified water resources: Groundwater Recharge Areas, River Corridor Protection Areas, and Potential Wetlands Areas. The Groundwater Recharge Areas, Protected River Corridor segments and generalized wetlands are available as digital overlays. Prior to issuance of any local building/development permits, these databases shall be checked, and if any are found applicable to the subject project or property, all requirements of Section 10, Water Resource Districts, shall be enforced as part of the permitting process.
11-3.3
Reserved.
11-4
Activities to Comply with Site Plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. The site plan may be amended only with the approval of the Land Development Administrator or his designee.
11-5
Penalties for Violation. In case any building or structure is erected, constructed, reconstructed, demolished, altered, repaired, moved, converted or maintained, or land is used in violation of this ordinance, the offender shall, upon conviction in Magistrate's Court, be fined no more than five hundred ($500) dollars or imprisoned for not more than sixty (60) days, or both, for each offense. Each day of continued violation shall be considered a separate offense. When removal of vegetative cover, excavation or fill has taken place in violation of this ordinance, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the Land Development Administrator and/or his designee. Such actions shall be closely coordinated with U.S. Army Corps of Engineers' supervision. If the Land Development Administrator and/or his designee discovers a violation of this ordinance that also constitutes a violation of provisions of the Clean Water Act as amended, the Land Development Administrator or his designee may issue written notification of the violation to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers and the landowner.
11-6
Enforcement. The Magistrate's Court of Lanier County shall have jurisdiction over violators of this ordinance and all procedures for enforcement of such ordinance shall be as provided in Article 4, Chapter 10 of Title 15, Official Code of Georgia. Complaints of violations of any provision of this ordinance shall be brought before the Magistrate's Court by the Land Development Administrator or his designated representative and shall be prosecuted through that court.
11-7
Remedies. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of these regulations, the Land Development Administrator, County Attorney, or other appropriate county authority or any adjacent or neighboring property owner or occupant who would be damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.
11-8
Complaints Regarding Violations. When a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Land Development Administrator. He shall record properly such complaint, investigate within thirty (30) days and take action thereon as provided in these regulations.
11-9
Cancellation of Permits. A demolition, building, or development permit shall be canceled by the Land Development Administrator when the method of demolition, construction, or use violates any provision contained in these regulations, or any state or local ordinance or resolution. Upon such cancellation, any further work upon the demolition, construction, alteration, or repair on said building or structure, and any further use of said building or structure or land, shall be deemed a violation. Each and every day such unlawful demolition, construction, alteration, or repair on said building or structure, or further use of said building or structure or land continues shall be deemed a separate offense.
11-10
Certificate of Occupancy. Certificate of Occupancy shall be issued by the Land Development Administrator in accordance with the following provisions:
11-10.1
Certificate of Occupancy Required. A Certificate of Occupancy issued by the Land Development Administrator is required in advance of occupancy or use of:
a.
A building hereafter erected.
b.
A building hereafter altered so as to affect height, the side, front, or rear yard.
c.
Any building or premises where a change in the type of use will occur.
11-10.2
Issuance of Certificate of Occupancy. Upon payment of all required fees, the Land Development Administrator shall sign and issue a Certificate of Occupancy if the proposed use of land or building is found to conform to the applicable provisions of this ordinance, and if the building, as finally constructed, substantially complies with the sketch or plan submitted and approved for the building permit. One (1) copy of all Certificates of Occupancy issued which contain a statement of the intended use of the applicable property and other pertinent information, signed by the owner or his agent shall be kept on file in the office of the Land Development Administrator.
11-10.3
Denial of Certificate of Occupancy. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this ordinance, and substantially complies with the sketches or plans submitted for obtaining the building permit.
11-11
Reason for Denial of Permit. When a permit is denied, the Land Development Administrator shall provide in writing, upon request of the applicant for a permit, his reasons for denying the permit within ten (10) days after said request.
11-12
Permits and Licenses Void When Issued in Conflict. Any permit or license issued in conflict with the provisions of this resolution shall be null and void.
11-13
Appeals. Appeals from the decisions of the Land Development Administrator with regard to interpretation, administration, and enforcement shall be made to the Board of Appeals in accordance with the provisions of Section [sic].