The following regulations are established to ensure adequate and equitable enforcement of the provisions of this Planning and Zoning Code.
(a) Inspections.
(1) Subsequent to the issuance of a building permit, the Administrator shall make periodic inspections as required in the Building Code to ensure that work is proceeding as authorized.
(2) The Administrator shall inspect all buildings and land periodically to certify the conforming or nonconforming status of all uses and structures.
(b) Order for Elimination of Violations.
(1) The Administrator shall record and investigate any report of an alleged violation of this Planning and Zoning Code or the Subdivision Regulations which is submitted to him in writing, signed by the complainant.
(2) If the Administrator finds that any provisions of this Code or the Subdivision Regulations or related ordinances are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and actions necessary to correct it. Such notice shall be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the building affected.
(3) The Administrator shall order the cessation, removal or other correction of the violation, as appropriate.
(4) After issuance of such order, no construction or other work requiring a building permit shall be conducted at the subject property until the violation has been corrected.
(5) If any person receiving a notice of violation under this section responds to such notice with a written statement of intent or desire to resolve the violation, the Administrator shall respond to such statement and shall, in writing, give such person a reasonable time to resolve the violation if no immediate danger to the public is present. The time to resolve shall be at least 10 days and no more than 60 days as determined by the Administrator who shall consider:
A. The extent to which the person has benefited by the violation;
B. The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation;
C. The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
D. Good faith efforts of the person to remedy the violation; and
E. The duration of the violation before a notice and order to comply was served pursuant to this section
F. Penalty.
1. Any person who is responsible for a violation of this Planning and Zoning Code, or any person who fails to comply with an order made by the Administrator in enforcing this Code, is guilty of a misdemeanor of the third degree.
2. Each day such violation is committed or continued shall constitute a separate offense, commencing one day after the Administrator's order is served on the owner, his employee, tenant or other agent or any other person who is responsible for the violation.
3. Fines shall not be levied while work in correcting such violation is pursued diligently.
4. If the Administrator determines that correction of a violation is not feasible, the Administrator shall issue a citation for each offense and require any remedies necessary to mitigate adverse impacts of the violation, or complete elimination of the use.
G. Records.
1. The Administrator shall maintain records of all subdivision approval, zoning certificate, building permit and occupancy permit applications considered and of all authorizations subsequently issued.
2. Similarly, the Administrator shall maintain records of all written and signed violation reports received.
3. Such records shall be available to the public upon request.
(Ord. 2019-39. Passed 8-13-19.)