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Article 140 - Violations, Penalties and Enforcement

140.1 Responsibility for Enforcement

A. Enforcement Authority

The Planning and Zoning Administrator, Building Official, and other designated county officials shall be responsible for enforcing the provisions of these Zoning Regulations.

B. Right of Entry

Authorized enforcement officials may enter upon private property at reasonable times for the purpose of inspecting and investigating conditions relating to the enforcement of these regulations, provided that:

  1. Reasonable notice is given to the property owner or occupant
  2. Entry is made during normal business hours unless emergency conditions exist
  3. A warrant is obtained if entry is refused

140.2 Types of Violations

A. Use Violations

It shall be unlawful to:

  1. Use any building, structure, or land for a purpose not permitted in the applicable zoning district
  2. Conduct any use without required permits or approvals
  3. Fail to comply with conditions of approval for conditional use permits or other approvals

B. Development Violations

It shall be unlawful to:

  1. Construct, alter, or move any building or structure without required permits
  2. Fail to comply with approved site plans or development plans
  3. Violate setback, height, or other dimensional requirements

C. Sign Violations

It shall be unlawful to:

  1. Erect, maintain, or display any sign in violation of these regulations
  2. Fail to obtain required sign permits
  3. Maintain signs in unsafe or deteriorated condition

D. Subdivision Violations

It shall be unlawful to:

  1. Subdivide land without following required procedures
  2. Sell lots in unapproved subdivisions
  3. Fail to complete required improvements

140.3 Remedies and Enforcement Powers

The county may pursue any or all of the following remedies for violations of these regulations:

A. Notice of Violation

Written notice shall be served upon the property owner and any other responsible party, specifying:

  1. The nature of the violation
  2. The action required to correct the violation
  3. The time limit for compliance
  4. The consequences of failure to comply

B. Stop Work Orders

The county may issue stop work orders to halt any activity that violates these regulations.

C. Revocation of Permits

The county may revoke permits, certificates, or approvals for violations of these regulations or approved conditions.

D. Civil Penalties

Civil penalties may be imposed for violations, with daily penalties for continuing violations.

E. Injunctive Relief

The county may seek injunctive relief in circuit court to stop violations or compel compliance.

F. Criminal Prosecution

Violations may be prosecuted as misdemeanors under applicable state law.

140.4 Enforcement Procedures

A. Complaint Investigation

  1. Complaints may be filed by any person alleging a violation of these regulations
  2. The Planning and Zoning Administrator shall investigate complaints and determine whether violations exist
  3. Written records shall be maintained of all complaints and investigations

B. Notice and Opportunity to Cure

  1. Upon determining that a violation exists, the county shall issue a written notice of violation
  2. The notice shall provide a reasonable time period for voluntary compliance
  3. Extensions of time may be granted for good cause shown

C. Administrative Hearings

  1. Property owners may request administrative hearings to contest alleged violations
  2. Hearings shall be conducted by the Planning and Zoning Administrator or designated hearing officer
  3. Written decisions shall be issued following hearings

D. Appeals

Administrative decisions may be appealed to the Board of Zoning Adjustment in accordance with established procedures.

E. Enforcement Action

If voluntary compliance is not achieved, the county may pursue legal remedies including:

  1. Civil penalties and fines
  2. Court orders for compliance
  3. Criminal prosecution where applicable

F. Conditional Use Permit Revocation

Conditional use permits may be revoked for:

  1. Violation of permit conditions
  2. False information in the application
  3. Operation in a manner that threatens public health, safety, or welfare

The revocation process shall include:

  1. Written notice of intent to revoke
  2. Opportunity for a hearing before the County Commission
  3. Written decision with findings of fact