§ 11-171. Suspension of portions of the Code and other formalities.

(a)

Authority to waive procedures and fee structures.

(1)

Meetings. Upon proclamation by the appropriate state official of an emergency or disaster of manmade or natural causes or enemy attack impending on or affecting Georgia or the United States, the affairs and business of the City of Cartersville may be conducted at places other than the regular or usual place thereof, within or outside of the City of Cartersville, when it is not prudent, expedient or possible to conduct business at the regular location. When such meetings occur outside of the City of Cartersville, all actions taken by the local governing body shall be as valid and binding as if performed within the City of Cartersville. Such meetings may be called by the presiding officer or any two (2) members of the governing body without regard to or compliance with time-consuming procedures and formalities otherwise required by law.

(2)

Purchasing and public works contracts. Upon the declaration of a state of emergency by the governor, or upon the determination by the mayor and city council, or its designee, of the existence of an emergency or disaster, the mayor and city council, their designee or the emergency interim successor may contract for public works without letting such contract out to the lowest, responsible bidder and without advertising and posting notification of such contract; provided, however, that any public works contract entered into pursuant to this subsection shall be entered on the minutes of the city as soon as practical and the nature of the emergency described therein.

Additionally, the mayor and city council, their designee or the emergency interim successor may purchase any materials or contract with any entities as may be necessary to effect emergency repairs or provide service to the customers of the City of Cartersville's electric, gas, fibercom, and/or water and sewer system. However, the purchases and/or contracts shall be entered on the minutes of the city as soon as practical and the nature of the emergency shall be described therein.

(3)

Code enforcement. Upon the declaration of a state of emergency by the governor, or upon the determination by the mayor and city council, or its designee, of the existence of an emergency or disaster, the mayor and city council, their designee or the emergency interim successor may temporarily suspend the enforcement of the Code of Ordinances of the City of Cartersville, or any portion thereof, where:

a.

The emergency or disaster is of such nature that immediate action outside the Code is required;

b.

Such suspension is consistent with the protection of the public health, safety and welfare; and

c.

Such suspension is not inconsistent with any federal or state statutes or regulations.

(4)

Fees. Upon the declaration of a state of emergency by the governor, or upon the determination by the mayor and city council, or its designee, of the existence of an emergency or disaster, the mayor and city council, their designee or the emergency interim successor may temporarily reduce or suspend any permit fees, application fees or other rate structures as necessary to encourage the rebuilding of the area impacted by the disaster or emergency.

(5)

Temporary dwellings. Upon the declaration of a state of emergency by the governor, or upon the determination by the mayor and city council, or its designee, of the existence of an emergency or disaster, the mayor and city council, their designee or the emergency interim successor may issue temporary mobile home, trailer, recreational vehicle or other temporary dwelling structures or parks in any zoning district while the primary dwelling is being repaired provided that such temporary dwellings or parks are designed by an engineer and the plans are approved by the Bartow County Health Department and the City of Cartersville Planning and Development Department. The temporary permit shall not exceed six (6) [months] in duration. In the case of continuing hardship and in the discretion of the governing authority or its designee, the permit may be extended for a period for an additional six (6) months. Upon expiration of the temporary permit or an extension, the temporary dwelling shall be removed.

(b)

Definitions.

Fees. Any fee or rate charged by the City of Cartersville for building permits, land disturbance permits, zoning applications, special land use permits, temporary land use permits, and other fees relating to the reconstruction, repair and clean up of areas impacted by the disaster or emergency. Fees shall not include those fees collected by the city on behalf of the federal or state government or those fees charged by the city pursuant to a federal or state statute or regulation.

State of emergency. As defined by O.C.G.A. § 38-3-3(5), a condition declared by the governor when, in his judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.

Subsequent recovery period. The period of time that the disaster or emergency continues to cause disruptions in the area impacted by the disaster or emergency. The subsequent recovery period shall not exceed six (6) months after the state of emergency declaration by the governor is terminated unless extended by official action of the governing authority of the City of Cartersville.

Temporary dwelling. Any mobile or easily movable home, trailer, recreational vehicle or structure not otherwise permitted by the zoning regulations in a particular zoning district.

(Ord. No. 52-99, §§ 1, 2, 12-2-99; Ord. No. 51-08, § 1, 12-4-08; Ord. No. 22-09, § 1, 4-16-09)