(A) Enforcing officer. This ordinance shall be administered and enforced by the Zoning Administrator, who is hereby designated the enforcing officer. Any person who shall violate any of the provisions of this ordinance shall be punished by a fine of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
(B) Duty of Zoning Administrator. It shall be the duty of the Zoning Administrator to enforce this ordinance through the proper legal channels including the notification and enforcement procedure contained in this section.
(1) Whenever the Zoning Administrator determines that there are reasonable grounds to believe that there has been a violation of any provision of the ordinance, the Zoning Administrator shall give notice of such alleged violation to the owner of record of the property, as hereinafter provided. Such corrective action notice shall:
(a) Be in writing;
(b) Include a statement of the reasons for the issuance;
(c) Allow 45 days’ time for the performance of any act it requires (if work cannot be completed in the 45-day period, extensions may be granted by the Zoning Administrator if reasons for hardship do prevail and can be verified); and
(d) Be served upon the owner or his or her agent as the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his or her last known address, or when he or she has been served with such notice by any method authorized or required by the laws of this state.
(2) Any person affected by any notice that has been issued in connection with the enforcement of any provision of this ordinance may request and shall be granted a hearing of the same before the Board of Adjustment.
(3) Whenever the Zoning Administrator finds that an emergency exists, which requires immediate action to protect the public health, the Zoning Administrator may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this ordinance, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Zoning Administrator shall be afforded a hearing as soon as possible. The provision shall be applicable to such hearing and the order issued thereafter.
(4) Should the necessary corrective action required not be taken within 45 days after notice by the Zoning Administrator or decision of the Board of Adjustment or the time frame for any extension granted by the County Zoning Administrator, the County Board shall be advised of the nuisance and may direct the County Sheriff to perform such duties as may be necessary to enforce the provisions of this chapter. In addition, the County Board may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the county attorney to institute such action. The County Board may provide for the nuisance correction and charge the property owner for any and all costs incurred in the process.
(5) Shore impact zone for agricultural use violations: violations of the provisions of the county buffer ordinance will use the notification and enforcement provisions contained in § 5.05.
(C) Duty of the County Recorder. A copy of all recorded plats shall be submitted by the County Recorder to the Zoning Administrator for review after recording. The Zoning Administrator shall examine each such instrument to determine whether the proposed conveyance complies with the subdivision and platting regulations of the county. If the conveyance does not comply with regulations, the Zoning Administrator shall give notice by mail of the potential violation to the parties to the conveyance.
(D) County Board notification. Prior to initiating any civil court proceedings against any violation of this ordinance, the Zoning Administrator shall first inform the County Board of the alleged violation and notify them of the required action after conferring with the County Attorney and other necessary county staff persons.
(E) Duty of County Attorney. In the event of a violation or a threatened violation of this ordinance, the Board of County Commissioners or any member thereof, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations, and it shall be the duty of the County Attorney to institute such action.
(F) Taxpayer action. Any taxpayer or taxpayers of the county may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials, of any duty required by this ordinance.
(Ord. 97, passed 7-21-2009; Ord. 126, passed 10-17-2017)