The Zoning Administrator will follow the procedures outlined below to enforce any violations of this chapter.
(A) Physical and visual inspection. The Zoning Administrator shall provide permittees with 24-hour notice prior to inspection and shall comply with permittees’ bio-security measures and inspect all intensive livestock operations in the county to determine compliance with this chapter and the permit and its conditions.
(B) Violation observed. If, after making a physical and visual inspection, the Zoning Administer observes violations of this chapter, the Zoning Administrator shall:
(1) Except for violation resulting in immediate threat, provide the permittee(s) with written notice of the violations and allow up to 30 days to cure the violations or non-compliance identified in the written notice (hereinafter referred to as the “time to cure”); and
(2) Re-inspect the intensive livestock operation after the expiration of the time to cure has passed to verify whether the permittee(s) have addressed and cured the violations identified in the written notice.
(a) If the permittee(s) have addressed and cured the violations identified in the written notice, then the Zoning Administrator shall provide written verification that the permittee(s) have cured the violations identified in the written notice.
(b) If the permittee(s) have not addressed and cured the violations identified in the written notice, then the Zoning Administrator shall:
1. Pursue enforcement by filing a complaint against the permittee(s) seeking injunctive relief, imposition of fines, as applicable, penalties as applicable, damages, as applicable and attorney fees; and
2. Upon receiving a court order, the Plan Commission shall take all available legal action to protect the public health, safety, and general welfare resulting from the permittee(s)’ violations of this chapter.
(Ord. 2019-02, passed 2-26-2019)