(a) Administrative orders.
(1) The Office of Planning and Zoning may serve an administrative order on a person who has committed a zoning violation. The order shall direct the person to cure the violation described in the order within a specified time period. The order also shall advise the person of the right to appeal to the Board of Appeals within 15 days after service of the order, that failure to appeal results in an inability to contest the violation, and that violation of the order may result in civil or criminal penalties.
(2) (i) The order shall be served by delivery to the person; leaving a copy of the order with a person of suitable age and discretion at the person’s dwelling or place of business; or certified mail, restricted delivery, return receipt requested. If reasonable efforts to serve the person by one of these methods fail, service of the order may be accomplished by sending it by first class mail to the person at the person’s last known address and by posting a copy of the order on the land associated with the violation.
(ii) An order for an alleged violation on property with an agricultural use assessment or an approved soil and water quality plan from the Soil Conservation District shall be sent by certified mail, in addition to any other method allowed by this section.
(iii) Any person aggrieved by the order may appeal to the Board of Appeals within 15 days after service.
(b) Informal letters. Instead of an administrative order, the Office of Planning and Zoning may send an informal letter as notification that a zoning violation may exist. An informal letter does not constitute a final decision that a violation exists, and it is not appealable to the Board of Appeals.
(Bill No. 4-05; Bill No. 65-17; Bill No. 62-23)