Section 11Administration, enforcement and penalties

11-1. Zoning Administrator. An administrative official designated as the zoning administrator by the City Council, Ashburn, Georgia, shall administer and enforce the provisions of this ordinance.

11-2. Building Permit Required. A building permit, or a sign permit in case of a sign, issued by the zoning administrator is required in advance of the initiation of construction, erection, moving, demolition or alteration of any building or structure or sign. No building or sign 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 Permit.

All applications for building permits shall be accompanied by five 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 zoning administrator and any permits are approved:

1. Topography (MSL) existing and proposed.

2. Drainage plans.

3. Location and size of ingress/egress. All plans which affect federal and state routes must include a copy of the Georgia Department of Transportation approved curb cut plan.

4. Water and sewer mains and services, both existing and proposed. Water and sewer services as well as fire hydrants in the lot and the specific meter size and location.

Single-family, duplex and triplex residences are excluded from the above requirements.

Any building permit shall become void if the work involved has not begun within six 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 months after the work of development is commenced; provided that extensions of time and periods not exceeding six months each may be allowed in writing by the zoning administrator. Any unapproved deviation from the approved site plan shall cause the zoning administrator to not issue a certificate of occupancy. ;b1; Single-family residential 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 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.

11-4. Sign Permits. The zoning administrator shall receive applications for the construction of signs, as required by this ordinance. Such applications shall follow the same forms as required for building permits, and shall contain information required by this ordinance in section 10. The zoning administrator shall process such sign applications and shall issue sign permits and sign permit numbers for proposed signs which comply with the requirements of this ordinance. All sign permits affected by the Georgia Outdoor Advertising Act shall not be issued local permits until the applicant has provided local staff with a Georgia Department of Transportation approved sign and location permit.

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 be guilty and upon conviction thereof be fined no more than $100.00 or imprisoned for not more than 30 days, or both, for each offense. Each day of continued violation shall be considered a separate offense.

11-6. 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 zoning administrator, city attorney, or other appropriate city 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.

11-7. Complaints Regarding Violations. When a violation of this resolution 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 zoning administrator. He shall record properly such complaint, investigate within 30 days and take action thereon as provided in these regulations.

11-8. Cancellation of Permits. A demolition, building, or sign permit shall be canceled by the zoning 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.

11-9. Certificate of Occupancy. Certificate of occupancy shall be issued by the zoning administrator in accordance with the following provisions:

11-9.1. Certificate of occupancy required. A certificate of occupancy issued by the zoning 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.

11-9.2. Issuance of certificate of occupancy. Upon payment of all required fees, the zoning 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 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 zoning administrator.

11-9.3. 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.

11-10. Reason for Denial of Permit. When a permit is denied, the zoning administrator shall provide in writing, upon request of the applicant for a permit, his reasons for denying the permit within ten days after said request.

11-11. Permits and Licenses Void When Issued in Conflict. Any permit or license issued in conflict with the provisions of this ordinance shall be null and void.

11-12. Appeals. Appeals from the decisions of the zoning administrator with regard to interpretation, administration and enforcement shall be made to the board of zoning appeals in accordance with the provisions of section 12.

Cross reference— Administration, ch. 2.