Article 14 — Administration and Enforcement

Sec. 1402 - Administrative roles.

1402 (a) Development services director.

The Development Services Director is responsible for the receipt, review and processing of all applications for rezoning, special use approval, subdivision approval and recording, site plan approval, text amendments, and appeals filed with the County. Building inspection and code enforcement responsibilities also fall under the Department of Development Services.

1402 (b) County engineer.

1402 (c) Transportation director.

The Department of Transportation Director is responsible for the operation, maintenance, expansion and future development of the County Transportation System and all related facilities. This responsibility includes but is not limited to, planning, access management, design review/approval, utility permit approval and jurisdictional coordination of transportation plans with other state and local agencies.

1402 (d) Water and sewer authority.

The Douglasville-Douglas County Water and Sewer Authority is responsible for the review and approval of all engineering and construction plans for erosion and soil sedimentation control, stormwater management, floodplain management and for public water and sewerage systems, for their inspection during construction, and for enforcement regarding their continued maintenance and operation.

1402 (e) Environmental services division.

The Environmental services division of the Douglas County Health Department is responsible for the review and approval of individual on-site sewage disposal systems (septic tanks) and community water and sewerage systems (subject to agreement by the Water and Sewerage Authority), inspection during installation, and enforcement of its rules and regulations.

1402 (f) Chief building official.

Acting under authority of the Development Services Director, the Chief Building Official is responsible for the proper construction of buildings and structures, the issuance of Certificates of Occupancy, and continuing conformance to the provisions of the Building Code.

1402 (g) Code enforcement officer.

Acting under authority of the Development Services Director, the Code Enforcement Officers provide support through investigations and issuance of warnings, citations and summonses related to the use and occupancy of land and buildings.

1402 (h) Plans review coordinator.

Acting under authority of the Development Services Director, the Plans Review Coordinator receives all plans, construction drawings, subdivision plats and site plans related to project approval, the issuance of development permits, the filing of final subdivision plats and the review of Developments of Regional Impact (DRIs). The Plans Review Coordinator distributes all such plans and plats to other County departments and other agencies as appropriate for review, comment and approval, and coordinates the review process between the County and the applicant.

Sec. 1403 - Schedules and fees.

From time to time, the Board of Commissioners may adopt fees for the issuance of permits, the submission of applications, and such other activities and authorizations as regulated by this Development Code, and may adopt schedules of dates, times and places as appropriate and necessary to regulate the application, review and hearing processes required by this Development Code.

Sec. 1404 - Planning & Zoning Board.(Amended 06/2005)

1404 (a) Establishment. (Amended 02/07/2017 - TXT-2017-01, § 3; Amended 02/03/2015 - TXT-2015-01, § 4)

1404 (b) Qualifications of Members.

1404 (c) Proceedings of the Planning & Zoning Board. (Amended 02/07/2012 - TXT-2012-01, § 2;

Amended 11/01/2011 - TXT-2011-02, § 5)

1404 (d) Powers and Duties of the Planning & Zoning Board.

1404 (e) Additional Powers and Duties.

1404 (f) Comprehensive Plan and Future Land Use Map.

It shall be the duty of the Planning & Zoning Board, subject to the approval of the Board of Commissioners, to make a comprehensive plan of its political jurisdiction and to perfect it from time to time. The comprehensive plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems and other useful data. Such plan may be adopted, added to and changed from time to time, upon the recommendation of the Planning & Zoning Board and with the approval of the Board of Commissioners.

In addition, the Planning & Zoning Board, subject to the approval of the Board of Commissioners, shall be authorized to make a future land use map of the political jurisdiction which shall show the use of land in the political jurisdiction in the future. This plan may be changed from time to time upon recommendation of the Planning & Zoning Board with the approval of the Board of Commissioners. Its purpose and effect shall be solely to aid the Planning & Zoning Board and the Board of Commissioners in the performance of its duties related to Development Services in Douglas County. The future land use map will be a part of the comprehensive plan and together will represent the future land use policy for Douglas County.

This Development Code may be amended from time to time in whole or in part by the Board of Commissioners under the provisions of this Division.

Sec. 1405 - Initiation of text amendments.

The Board of Commissioners, Planning & Zoning Board or the Development Services Director may propose a change to the text of this Development Code when public necessity, general welfare or good zoning practice justifies such action. (Amended 05/03/2007 - TXT2007-04)

Sec. 1406 - Text amendment process.

Before the Board of Commissioners may take final action on a proposed text amendment, the Planning & Zoning Board and the Board of Commissioners shall hold a public hearing on the proposal. For the purposes of this article, the term "amendment" or "amendments" shall mean any text change(s) to the UDC. The Planning & Zoning Board may consider proposed text change(s) individually or collectively during a scheduled and advertised public hearing notwithstanding anything herein to the contrary. The Board of Commissioners may consider any proposed text change(s) individually or collectively after the public hearing requirements have been met as described in this article. (Amended 06/05/2007 -TXT2007-05)

1406 (a) Public notice.

At least 15 days but not more 45 days prior to the public hearing, notice is to be published in a newspaper of general circulation within the county. The notice is to state the time, place and purpose of the hearing.

1406 (b) Public hearings; procedures.

The public hearing held by the Planning & Zoning Board and the Board of Commissioners for a text amendment shall be conducted in the following manner:

Upon rising to speak each person recognized is to state their name and home address.

During the public hearing, the Planning & Zoning Board and the Board of Commissioners members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

1406 (c) Decision on a text amendment.

Sec. 1407 - Standards for text amendments.

The Planning & Zoning Board and the Board of Commissioners shall consider the following standards in considering any proposal that would result in a change to the text of this Development Code, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

Sec. 1408 - Effect of text amendment approval.

Sec. 1409 - Permit required.

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building, or to commence the development of any land for a use not requiring a building permit, until the necessary permit for the construction, land disturbance or development of the property has been issued under the Procedures and Permits Article of this Development Code.

Sec. 1410 - Inspection and enforcement.

1410 (a) Enforcement officer. (Amended 08/04/2015 - TXT-2015-03, § 2)

1410 (b) Inspection; warrants. (Amended 08/04/2015 - TXT-2015-03, § 3)

In addition to those other procedures provided by this Code, those enforcement officers defined in Section 1410(a) above are authorized to obtain an inspection warrant under the conditions specified below. Such warrant shall authorize the requesting person to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, under the conditions set out in this Section.

1410 (c) Land development activities.

Inspection and enforcement activities, including the resolution or prosecution of violations, of land-disturbing activities related to soil erosion and sedimentation control, stormwater management or floodplain management, are found under the Erosion Control and Stormwater Management Article of this Development Code.

1410 (d) Land use and other provisions.

If the Code Enforcement Officer finds that a provision of this Development Code is being violated relating to the use or occupancy of land or structures, lot standards, landscaping, buffers, tree conservation, parking, signage, street construction or any other standard or provision (other than land development activities as may be enforced by the WSA), or relating to a condition of approval established in connection with a grant of variance or zoning change, he shall notify the person responsible for such violation in writing (which notification may consist of an order to cease and desist the violation). The notification shall indicate the nature of the violation and order the action necessary to correct it. Upon continuing noncompliance, or initially in the case of an immediate threat to the public health or safety, the Code Enforcement Officer shall have authority to prosecute violations in court.

If the Code Enforcement Officer determines that a property owner, occupant or other responsible person has failed to comply with the requirements and provisions of this Development Code, he or she shall issue a written notice of violation to such owner, occupant or other responsible person. Where a person is engaged in activity covered by this Code without having first secured a permit therefor, the notice of violation shall be served on the owner, occupant or the responsible person in charge of the activity being conducted on the site.

1410 (e) Removal of illegal signs.

The Code Enforcement Officer may order the removal of any sign in violation of this Development Code by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit was issued, such notice shall operate to revoke the permit. The removal order shall be issued only after the appropriate party fails to comply within 7 days after the County gives written notice of non-compliance.

An aggrieved party may appeal the removal order within 10 days from the date that the notice was mailed. Such appeal shall be made to the Board of Appeals. If the sign is not removed within 30 days after the order of removal (or 30 days after the date any appeal becomes final), the Code Enforcement Officer is authorized to remove or cause to be removed the sign and to collect the costs thereof as provided below.

Sec. 1411 - Violation and penalties.

Every violation of the terms of this Code by any person, firm or corporation shall be termed a nuisance and a continuing nuisance so long as such violation may be continued and such violation may be subject to abatement as a nuisance as provided by the laws of this state. This Code may be enforced by the Development Services Director, County Engineer, Water & Sewer Authority Executive Director, code enforcement officer, sheriffs department, fire department, health department, chief building official, and building inspector.

1411 (a) Violation a misdemeanor.

Any firm, person or corporation who shall do anything prohibited by these regulations as the same exist or as they may hereafter be amended or who shall fail to do anything required by these regulations as they now exist or as they may hereafter be amended, upon conviction of a violation shall be subject to punishment as provided by law. The owner of any buildings or premises or parts thereof where anything in violation of this ordinance shall be placed or shall exist and any architect, builder, contractor or agent of the owner who may have assisted in the commission of such violation shall be punished as for a misdemeanor.

1411 (b) Penalties.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

Before taking any of the following actions or imposing any of the following penalties, the Code Enforcement Officer shall first notify the owner, occupant or other responsible person in writing of his or her intended action, and shall provide a reasonable opportunity, of not less than 10 days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Code Enforcement Officer may take any one or more of the following actions or impose any one or more of the following penalties:

The Code Enforcement Officer shall order discontinuance of the illegal use of land, buildings or structures; removal or relocation of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of illegal work being done; or shall take any other appropriate or necessary action to ensure compliance with or to prevent violation of the provisions of this Development Code.

The Code Enforcement Officer may issue a stop-work order, which shall be served on the owner, occupant or other responsible person. The stop-work order shall remain in effect until the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop-work order may be withdrawn or modified to enable the owner, occupant or other responsible person to take the necessary remedial measures to cure such violation or violations.

The Code Enforcement Officer may suspend, revoke, or modify any permit authorizing a project. A suspended, revoked, or modified permit may be reinstated after the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Code Enforcement Officer may deem necessary) to enable the owner, occupant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the owner, occupant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days, or such greater period as the Code Enforcement Officer shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the Code Enforcement Officer has taken one or more of the actions described above, the Director of Development Services may impose a penalty not to exceed $1,000 (depending upon the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

For intentional and flagrant violations of this Code, the Code Enforcement Officer may issue a citation to the owner, occupant or other responsible person, requiring such person to appear in the magistrate or other court of competent jurisdiction to answer charges for such violation.

Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. The guilty party shall pay all court costs as determined by the court.

1411 (c) Additional remedies.

Any violation of any provision or requirement of this Development Code shall constitute a nuisance. Douglas County may institute an action or proceeding as provided by law or ordinance to restrain, correct or abate the violation; to prevent occupancy of a building, structure or land or to prevent any illegal act, conduct or use on property in violation.

Nothing herein shall prevent Douglas County from taking other such lawful action, including stop work orders and restricting inspections or issuance of permits to prevent a recurrence or remedy any violation.

Sec. 1412 - Liability.