(a) The provisions of this Ordinance shall be administered by the Martinsburg Planning Department. The City Engineer/Planning Director or designee shall act on the Planning Commission’s behalf and carry out the duties listed in Subsection (C) of this Section.
(b) All departments, officials, and public employees of the City of Martinsburg which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, Building or purpose if the same would be in conflict with the provisions of this Ordinance.
(c) It shall be the duty and the power of the City Engineer/Planning Director or designee or designee to:
(1) Receive and examine all applications and submissions related to any proposed Subdivision or Land Development, including, without limitation, Preliminary Plans, Final Plats (whether for Minor Subdivision or Major Subdivision and/or Land Development), Erosion and Sediment Control Plans, applications for Land Disturbance Permits, and As-Built Plans. All applications, Plans, and documents submitted shall be considered a public record provided that the City Engineer/Planning Director or designee may withhold sensitive information, such as the information of a complainant in a violation, as permitted by Chapter 29B of the West Virginia Code, Freedom of Information;
(2) Issue permits only where there is compliance with the provisions of this Ordinance and with other City Ordinances;
(3) Meet with applicants for Major Subdivision and/or Land Development to:
A. Discuss the proposed Major Subdivision and/or Land Development and the criteria for its classification as major, and
B. Understand, discuss, and attempt to resolve issues. The City Engineer/Planning Director or designee may make site inspections of properties when determined appropriate;
(4) Approve or deny a Final Subdivision and/or Land Development Application for a properly classified Minor Subdivision;
(5) Review Preliminary and Final Subdivision and/or Land Development Applications for Major Subdivision and/or Land Development for completeness and make recommendations to the Planning Commission regarding completeness;
(6) Review Preliminary and Final Subdivision and/or Land Development Applications for Major Subdivision and/or Land Development, and conduct inspections and surveys, to determine compliance with the requirements of this Ordinance, and make recommendations to the Planning Commission regarding compliance;
(7) Receive applications for Waivers and promptly forward these applications to the Planning Commission;
(8) Issue written stop, cease and desist orders and other written orders for correction of all conditions found to be in violation of provisions of this Ordinance. Such written orders shall be served by certified mail upon Owners or Persons deemed by the City Engineer/Planning Director or designee to be violating the requirements and standards of this Ordinance;
(9) Institute in the name of the City, any appropriate action or proceeding seeking an injunction to restrain a Person from violating this Ordinance or directing a Person to remove a Structure erected in violation of this Ordinance;
(10) Bring any matter to the Planning Commission for its action or information;
(11) Upon the request of the Planning Commission, or the Board of Appeals, present to such body’s facts, records, or reports which they may request to assist them in making decisions or assist them in any other way as requested; and
(12) Create and maintain standardized forms for applications and other required documents.
References in this Ordinance to the “Planning Commission” with respect to performance of any of the tasks set forth in this subsection (c), or reasonably contemplated in the performance of such tasks, shall be deemed to include reference to the City Engineer/Planning Director or designee.
(d) Violations, Penalties, Continuing Offenses. Consistent with West Virginia Code §8A-10-2, a Person who violates any provision of this Ordinance, including without limitation failure to comply with any stop, cease, and desist or other order issued pursuant to this Ordinance, is guilty of a misdemeanor, and upon conviction, shall be fined for each offense not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each and every day during which such violation continues shall be deemed a separate offense. Work carried on in violation of the cancellation of any permit issued under this Ordinance shall also be deemed a violation punishable in the same manner. City Council is empowered to enforce this penalty, and it may do so on a case-by-case basis by directing the City Engineer/Planning Director or designee to act on its behalf.
(e) Injunctive Relief. When any land is subdivided or developed in violation of this Ordinance, or any provision of this Ordinance is otherwise violated, the Planning Commission, Board of Appeals, or City Engineer/Planning Director or designee may institute action in the Circuit Court of Berkeley County for an injunction to restrain a Person from violating this Ordinance or directing a Person to remove a Structure erected in violation of this Ordinance.
(f) Procedures. Whenever the City Engineer/Planning Director or designee becomes aware that any Person is in violation of any provision of this Ordinance, the City Engineer/Planning Director or designee shall provide to such Person a written stop, cease, and desist order specifying the violations and stating that, unless such Person:
(1) Immediately ceases any actions identified as being in violation of this Ordinance,
(2) Commences correction of all violations within five (5) days of the receipt of the order, and
(3) Completes correction of all violations within thirty (30) days thereafter (or such extension of time as allowed by the City Engineer/Planning Director or designee or Planning Commission when correction of such violation is being pursued in good faith to the satisfaction of the City Engineer/Planning Director or designee or Planning Commission), each and every day during which such violation continues shall be deemed a separate offense punishable by the fine prescribed under subsection (d) above.
(g) Other Relief. In the case of any violation of this Ordinance, City Council may, in addition to other remedies institute injunction, mandamus, or other appropriate action or proceeding to prevent such violation, the occupancy of any Building, Structure, or land subdivided or developed in violation of this Ordinance, or any illegal act, conduct, business, or use in or about such premises. The rights and remedies provided in this Ordinance are cumulative and are in addition to all other remedies provided by law.
(Ord. 2022-13. Passed 11-10-22.)