§ 19.8. Enforcement actions.

19.8.1.

Enforcement options. Enforcement of this chapter may be through criminal prosecution, civil fines, or other civil proceedings. Any person, firm, partnership, corporation or other legal entity who shall do anything prohibited by this chapter as the same exists or as it may hereafter be amended or which shall fail to do anything required by this chapter as the same exists or as it may hereafter be amended shall be subject to an enforcement action.

A.

Representatives of the city shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this chapter, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection, as permitted by law. Officers and officials may seek inspection warrants or search warrants on probable cause of a violation occurring inside a structure. No warrant shall be required to investigate visible and open violations or uses.

B.

No person shall obstruct, hamper or interfere with any city representative while in the process of carrying out his official duties in the enforcement of this chapter.

19.8.2.

Persons who may be cited. Owners are ultimately responsible for the condition of their property and ensuring that their property and all activity occurring on such property is in compliance with this chapter. For any violation, both the owner of the property and/or the individual agent, tenant or invitee of the owner responsible for the violation may be cited, where appropriate. Agents of the owner would include, but not be limited to, developers, builders, contractors, and subcontractors. Tenants and invitees would include, but not be limited to, any renter, leaseholder, owner of any vehicle or structure on the property, or other person conducting an activity on the property who is not a trespasser. Corporations and companies responsible for the work may be cited in lieu of or in addition to citations issued to the actual individuals on-site committing violations.

19.8.3.

Daily violations. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation, subjecting the offender to a new citation, or other civil or criminal proceeding.

19.8.4.

Multiple violations. Each separate action, omission, or occurrence relating to any specific provision of this chapter shall be a separate violation, subjecting the offender to a separate citation. Multiple junk cars count as one (1) violation, but the fee increases as shown in section 13.3 below.

19.8.5.

Criminal prosecution. The zoning administrator, or designated code enforcement personnel, or other authorized personnel, may issue criminal citations for violations of this chapter, or violation of any stop work order.

A.

Criminal prosecutions for violation of this chapter shall be commenced by the completion, signing, and service of a citation by an authorized city official or zoning enforcement officer. No warning need be issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative or, if a corporation, an officer of the corporation or its on-site representative or the person or persons in charge of the activity on the property; a copy shall be promptly filed with the magistrate court. A stop work order may be issued in conjunction with a citation.

B.

Each citation shall state the time and place at which the accused is to appear for trial in municipal court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the police officer, code enforcement officer, or other authorized officer who completes and serves it.

C.

Any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the municipal court judge and required to post a bond for his or her future appearance.

D.

The city attorney, or another attorney designated by City of Cartersville may act as prosecuting attorney for violations of this chapter.

E.

Fines shall be assessed in accordance with section 20.2.

19.8.6.

Civil fines and proceedings. In addition to or in lieu of any other remedy, the city may seek injunctive, mandamus or other appropriate relief in municipal court as appropriate or the superior court of Bartow County to enjoin or prevent a violation of any provision of this chapter. Such action may also seek civil fines at the mandatory rates specified in section 20.2 for violation of this chapter, and may additionally seek the costs of restitution, and any other costs associated with the action to enjoin or prevent any violation of any provision of this chapter. The city shall be entitled to its reasonable attorney's fees and costs for bringing an action in municipal court or superior court wherein any relief is granted or fine assessed.

19.8.7.

Stop work orders. Upon notice from the zoning administrator, designated code enforcement officers, or other authorized personnel, work on any project that is being done contrary to the provisions of this chapter shall be immediately stopped.

A.

Stop work orders shall affect all work being done on a project or development (which may include work done on other lots in the subdivision owned by the same violator). Stop work orders stop not only the work in violation, but all other work by contractors or subcontractors on the same property. Only work to remedy the deficiency shall be allowed until the stop work order is lifted.

B.

A stop work order shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency or other exigent circumstances exist, no written notice shall be required, and a verbal stop work order may be issued, with a written order to be provided within three (3) working days.

C.

Stop work orders may be issued on their own, or in conjunction with criminal citations, or civil proceedings in municipal court or superior court.

D.

Issuance of a stop work order may be appealed to the board of appeals.