Title 1 — Administration, Chapter 130 — Enforcement and Penalties.
Enforcement of the Unified Development Ordinance
The provisions of this ordinance shall be administered by the Community Development Director or his or her designees and enforced in coordination with the County Marshal, with the powers provided in the laws of the State of Georgia and in the charter and resolutions of Paulding County.
For the purpose of serving citations for violations of this ordinance, such citations may be referred to the County Marshal's Department of Paulding County for service.
Building Permit Required
It shall be unlawful to commence the construction of any building, or to commence the moving or alteration of any building which requires a permit in accordance with the policies and procedures of the Paulding County Community Development Department until a permit for such work has been issued.
Application for Building Permit
All applications to the Planning and Zoning Division for building permits shall be accompanied by a site plan and survey, as applicable; however, accessory buildings located in agricultural and residential areas may be excluded if setbacks and other requirements can be determined. The site plan or survey must include:
provisions of this ordinance are being observed; and
applicable health department regulations and all other applicable ordinances of Paulding County.
Violation and Penalties
Any person, firm, corporation, or any agent, servant, employee, officer, or contractor for any person, firm, or corporation who shall violate any provision, requirement, term, or condition of this ordinance shall be subject to punishment as set forth in the Paulding County Code Section 1-19.
Each day of any violation of this ordinance shall constitute a separate offense. The violation of any provision, requirement, term, or condition of this ordinance shall also constitute a nuisance and any person aggrieved thereby may abate the same or the same may be abated as a public nuisance. Continuous violation thereof may be restrained in a court of equity having jurisdiction thereof, and such remedy shall not be the exclusive remedy for any violation.
Prosecution
Any violations of this ordinance may be tried before the Magistrate Court of Paulding County upon a citation. Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the Magistrate Court, shall indicate the identity of the accused and the date of service, and shall be signed by the county officer who completes and serves it. In any case necessary, the county attorney is designated as prosecuting attorney.
Development Inspections and Enforcement
which permits have been issued to determine if the activities are being conducted in accordance with the approved construction plans. If, through inspection, it is deemed that a person engaged in the permitted activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of these regulations, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he or she shall be deemed in violation of these regulations.
investigations as they may reasonably deem necessary to carry out duties as prescribed in these regulations, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites.
of Paulding County who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative or agent while in the process of carrying out his or her official duties.
Upon notice from the directors, or their designees, of the various departments, work on any project that is being done contrary to the provisions of these regulations or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his or her authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required.
If, through inspection, it is determined that a person engaged in permitted activities has failed to comply with the approved construction plans, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person(s) engaged in the land-disturbing activity fails to comply within the time specified, he or she shall be deemed in violation of these regulations and, in addition to other penalties, shall be deemed to have forfeited his or her bond. The Community Development Director, in conjunction with the County Attorney, may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to complete the work and bring it into compliance.
In the event that either the performance or maintenance securities fail for any reason to cover the costs of bringing a project into compliance with approved construction plans, including any deficiency as to form or execution of the securities, then all real estate of the project held by the subdivider/person is subject to being charged for the costs and such costs shall be a lien upon such real estate for the benefit of Paulding County, Georgia. The lien shall be filed with the records of the Paulding County Superior Court Clerk. The lien shall be assessed coequal to and enforced in the same manner as liens for state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48 of the Official Code of Georgia. The lien shall have a duration of ten years.
Any person violating any provisions of these regulations, permitting conditions, or stop-work order shall be subject to citation by the Paulding County Marshal, Sheriff, deputies or any other duly authorized officer and deemed liable for a monetary penalty not to exceed $1,000.00 per day, by a sentence of imprisonment not exceeding 60 days in jail, or both fine and jail, or work alternative.
Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation.
Penalties
If any person commences any activity requiring a permit as prescribed in these regulations without first obtaining said permit, the person shall be subject to revocation of his or her business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of Paulding County. Additionally, the person shall be subject to citation by the Paulding County Marshal, Sheriff’s Deputies or any other duly authorized officer for performing activities without the required permit.
Any person violating any provisions of these regulations, permitting conditions, or stop-work order shall be subject to citation by the Paulding County Marshal, Sheriff’s Deputies or any other duly authorized officer which violations shall be punishable as set forth in Paulding County Code Section 1-19.
Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation.
TITLE 2: Zoning Ordinance