(A) The Planning Commission Director, with the assistance of officials of appropriate city and county departments, is hereby authorized and responsible for the enforcement of all provisions of this chapter and for ensuring that commercial establishments are developed in accordance with approved plans, requirements, and conditions. Periodic inspection of the commercial establishment development shall be made by the Director or his/her authorized representative to ensure that the development plans and requirements are properly implemented.
(B) The Director and other duly authorized official bearing proper identification shall be permitted to enter upon all properties for the purpose of inspection, observation, and measurement in accordance with the provisions of this chapter.
(C) If a commercial establishment is commenced without the required development review approval and building permit, the Director or other duly authorized official shall issue a Stop Work Order in writing. The Stop Work Order shall be issued in person or by certified, return receipt requested, mail.
(D) If the applicant fails to complete all requirements and conditions of the approved development review, the Director shall issue a notice of violation (NOV) and shall specifically state the deficiencies. The applicant shall have 30 days from the notification date to correct all deficiencies and to comply with this chapter and development review approval. If the applicant fails to comply with the notice of violation, the Director or other duly authorized official may initiate one of the following enforcement procedures:
(1) Issuance of a civil citation subject to penalties set forth in § 157.99; or
(2) Filing of a criminal complaint through the City Attorney or Nelson County Attorney to impose criminal penalties set forth in § 157.99; or,
(3) Issuance of Stop Work and revocation of the Building Permit.
(E) The applicant who is issued the notice of violation may appeal any decision made by the Director to the appropriate legislative body within 30 days of notification.
(Ord.795, passed 1-27-04)