(A) General.
(1) (a) After receiving approval of the development plan by the Board of County Commissioners, the Planning Department shall issue a development permit.
(b) The intent of this permit is to enable the execution of the approved development plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a manufactured home park as defined in this chapter.
(c) The County Health Department and the Code Enforcement Office are authorized to issue a construction permit.
(2) (a) Phasing of projects. Phased projects may be occupied in phases as long as compliance is achieved in each phase and other requirements are met.
(b) Concurrent review. Review of all development plans may be concurrent.
(B) Expiration of development plan; development permit revocation/approval. If construction does not begin within 2 years following development plan approval, or is begun within 2 years and then discontinued for a period greater than 180 days, the approval shall expire, and a new development plan must be submitted in accordance with the procedures in this section.
(1) Any development plan or development permit which has expired and for which the developer wishes to seek reapproval, the developer shall required to be submit revised plans for review and approval and shall include all modifications required by all current codes and ordinances at the time of the new submittal.
(2) A development permit, once approved, may be revoked, pursuant to division (C)(3) of this section, if there has been alteration of the site or soil conditions, changes to the proposed facility, or document falsification causing revocation of the permit.
(C) Administrative procedures.
(1) Inspections of work in progress. As the work pursuant to a permit progresses, the local administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the administrator has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(2) Stop-work orders.
(a) Whenever a building or part thereof is being constructed, reconstructed, altered or repaired, or property is in violation of this chapter, the administrator may order the work to be immediately stopped.
(b) The stop-work order shall be in writing and directed to the person doing the work.
(c) The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
(3) Revocation of permits.
(a) The local administrator may revoke and require the return of the development permit by notifying the permit holder in writing stating the reason for the revocation.
(b) Permits shall be revoked for any substantial departure from the approved application, plans or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit.
(c) Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.
(4) Periodic inspections. The local administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the Department at any reasonable hour for the purposes of inspection or other enforcement action.
(5) Investigation. The local administrator shall have the power to conduct such investigation as he or she may reasonably deem necessary to carry out his or her duties as prescribed in this chapter, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any complaints or alleged violations of this chapter.
(6) Written statements. The Board of County Commissioners or its agent shall also have the power to require written statements, certificates and certifications or the filing of reports under oath, with respect to pertinent questions relating to complaints or alleged violations of this chapter.
(7) Violations to be corrected. When the local administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law in the property he or she owns.
(8) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the administrator shall give him or her written notice, by certified or registered mail to his or her last known address or by personal service:
(a) That the building or property is in violation of the chapter;
(b) That a hearing will be held before the local administrator at a designated place and time, not later than 10 days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(c) That following the hearing, the local administrator may issue an order to alter, vacate or demolish the building; or to remove fill as appears appropriate.
(9) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the administrator shall find that the building or development is in violation of the chapter, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than 60 days, as the administrator may prescribe; provided that where the administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in a lesser period as may be feasible.
(10) Appeal. Any owner who has received an order to take corrective action may appeal from the order to the Board of Adjustment by giving notice of appeal in writing to the administrator and the clerk within 10 days following issuance of the final order. In the absence of an appeal, the order of the administrator shall be final. The Board of Adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(11) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Board of County Commissioners following an appeal, he or she shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(12) Continuing inspections.
(a) The County Health Department, the County Code Enforcement Office, and/or the local administrator are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter. It shall be the duty of the owners of manufactured home parks to give these agencies free access to the premises at reasonable times for the purpose of inspection.
(b) The manufactured park owner and/or operator shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(13) Suspension. The issuance of manufactured home permits for a manufactured home park shall be suspended where violations of this chapter occur.
(14) Notification of responsibilities. The park owner or operator shall notify all occupants of the applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter.
(Ord. 3 § 5.6, passed 9-14-1998) Penalty, see § 152.999