Sugar Hill › Development Regulations

Article 13 — Administration, Appeal and Violations

current as of 2020-12-14verified current · checked 2026-08-24Officialofficial source ↗5 sections · full chapter

§ 13.1

Administration.

13.1.1 These Development Regulations shall be administered, interpreted, and enforced by the

City Manager of City of Sugar Hill, Georgia. All other ordinances or regulations referenced herein, such as the fire prevention and life safety codes, building and other technical codes, health, water, and sewer regulations, shall be administered by the directors of the departments responsible for such regulations, as established by the State of Georgia and the Gwinnett County Board of Commissioners.

13.1.2 In any case in which activities are undertaken in violation of these Regulations, not in

compliance with the provisions of a permit issued under the authorization of these Regulations, or without authorization of a permit which would otherwise be required, the City Manager is hereby authorized to suspend or invalidate such permits, order that all unauthorized or improper work be stopped, direct correction of deficiencies, issue summons to any court of competent jurisdiction, or take any other legal or administrative action appropriate to the severity of the violation and degree of threat to the public health, safety, and welfare.

§ 13.2

Regulations to be published.

It shall be the duty and responsibility of the City Manager to maintain an accurate and up-to-date compilation of these Development Regulations and all amendments and pertinent attachments thereto, and to publish said compilation and make it available to the public at a cost as established by the City Council.

§ 13.3

Modifications.

Modification of the design standards set forth in these Development Regulations may be authorized by the City Manager in specific cases when, in his opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, or that the granting of the modification will not adversely affect the general public welfare or nullify the intent of these Regulations. Any such modification granted by the City Manager shall be made in writing to the developer and also made a part of the City’s records. Application for any modifications shall be filed in writing on a form provided by the City with necessary supporting documents with the City Manager by the developer and shall explain in detail the reasons and facts supporting the application.

§ 13.4

Appeal and waiver of the regulations.

13.4.1 Appeals

Appeals of the interpretation by the City Manager of the requirements of these Regulations shall first be submitted in writing (on a form provided by the City) to the City Manager who shall review the request in a timely manner and receive comments from City of Sugar Hill other affected City or County departments. The appeal thereupon shall be forwarded to the City Council for final action in their normal course of business.

13.4.2 Waivers

Waiver requests of the requirements of these Regulations shall be submitted on an application form as prescribed by the City Manager, along with such fees as shall be established by the City Council from time-to-time. The City Manager shall coordinate the review of each waiver request by all other affected City or Gwinnett County departments and shall summarize such comments or recommendations as may be received to the City Council for final action in their normal course of business.

§ 13.5

Violations, enforcement and penalties.

Any action or inaction that violates the provisions of these regulations or the requirements of an approved plan or permit shall be subject to the enforcement actions or penalties outlined here in. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described herein shall not prevent such equitable relief.

13.5.1. Enforcement Procedures.

The following are the enforcement procedures authorized by these regulations:

a.Notices of Violation Enforcement shall begin with the issuance of a written Notice of Violation to the owner or responsible person by the City Manger or his/her designee. The notice may be delivered personally or sent by first class mail. The Notice of Violation shall contain at least the following:

1.The name and address of the owner or responsible person;

2.The location or address of the site upon which the violation is occurring;

3.A description of the nature of the violation;

4.A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or these regulations;

5.The deadline or completion date of any such remedial actions or measures;

6.A statement of the penalty or penalties that may be assessed against the owner to responsible person to whom the Notice or Violation is directed.

In the event the owner or responsible person fails to correct the violations after the deadline contained in the Notice of Violation, the City Manager or his/her designee is City of Sugar Hill authorized to take or impose any one or more of the additional actions contained herein.

b.Stop Work Order The City Manager or his/her designee is authorized to issue Stop Work Orders to an owner or responsible person. Stop Work Orders are effective immediately and shall remain in effect until the necessary corrective actions or remedial measures as set forth in the Notice of Violation have occurred. Stop Work Orders may be withdrawn or modified by the City Manager or his/her designee in order to enable an owner or responsible person to take the necessary remedial actions or measures to correct the violations.

c.Refusal to Issue Certificate of Occupancy or Completion The City Manager or his/her designee is authorized to refused to issue Certificates of Occupancy or Completion for the building or other improvements constructed or being constructed on a site until the owner or responsible person has taken the remedial actions or measures as set forth in the Notice of Violation or has otherwise corrected the violation described therein.

d.Suspension, Revocation or Modification of Permit The City Manager or his/her designee is authorized to suspend, revoke or modify a permit that was issued to authorizing land disturbing activities or development. The City Manager or his/her designee is authorized to reinstate a suspended, revoked or modified permit after the owner or responsible person has taken the remedial actions or measures stated in the Notice of Violation or has otherwise corrected the violations described therein. The City Manager or his/her designee is also authorized to reinstate such permit, which may include conditions as the City Manager or his/her designee may deem necessary, to enable the owner or responsible person to take the necessary remedial actions or measures to correct the violations.

e.Refusal to Approve Final Subdivision Plats The City Manager or his/her designee is authorized to refuse to approve Final Plats until the owner or responsible person has taken the remedial actions or measures set forth in the Notice of Violation or has otherwise corrected the violations described therein.

f.Issuance of Citations or Summons to Court The City Manager or his/her designee is authorized to issue a citation or summons to the owner or responsible person requiring such person to appear in a court of competent jurisdiction to answer charges of violations of these regulations.

City of Sugar Hill

13.5.2. Legal Penalties and/or Remedies.

a.Fine and/or Sentence Any person convicted by a court of competent jurisdiction of violating any provision of these regulations shall be guilty of violating a dealing adopted ordinance of the City of Sugar Hill, Georgia and shall be punished either by a fine not less than $100.00 per day and not greater than $1,000.00 per day, or by sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternative. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

b.Other Legal Remedies In any case in which a violation of these regulations has occurred, the city, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

City of Sugar Hill Article 14. Adoption and Amendment.