§ 134-2. Penalties.

(a)

Any person who violates any provision of articles I through V of this chapter, after conviction upon a citation issued to the magistrate court of the county, in accordance with O.C.G.A. 36-1-20 may be incarcerated for a period not to exceed 60 days and/or shall be fined an amount as established below for violations within any 12-month period:

(1)

For a first violation of any section of this chapter, a fine of not less than $100.00 nor more than $1,000.00.

(2)

For a second violation of use limitations governing outside storage (sections 134-193 through 134-207), traffic and parking standards (section 134-272) or junk car regulations (section 134-277), a fine of not less than $600.00 nor more than $1,000.00.

(3)

For a second violation of any section other than use limitations governing outside storage (sections 134-193 through 134-207), traffic and parking standards (section 134-272) or junk car regulations (section 134-277), a fine of not less than $300.00 nor more than $1,000.00.

(4)

For a third violation of use limitations governing outside storage (sections 134-193 through 134-207), traffic and parking standards (section 134-272) or junk car regulations (section 134-277), a fine of not less than $800.00 nor more than $1,000.00.

(5)

For a third violation of any section other than use limitations governing outside storage (sections 134-193 through 134-207), traffic and parking standards (section 134-272) or junk car regulations (section 134-277), a fine of not less than $600.00 nor more than $1,000.00.

(6)

For a fourth violation of any section of this chapter and each successive violation, a fine of $1,000.00.

For purposes of this subparagraph (a), a conviction for violation of any provision of articles I through V of this chapter is a "first violation" if the person has not been convicted of the same provision or any other provision of articles I through V of this chapter within the preceding 12 months. That person's next conviction of the same provision or any other provisions of articles I through V of this chapter within any 12-month period is a "second violation," and so on for subsequent violations.

(b)

It is anticipated that the minimum fines as established in subparagraph (a) above would be imposed in situations where the court finds that the violation has been substantially cured or abated prior to the date of conviction.

(c)

The provisions of article VI of this chapter shall be enforced and violations penalized as provided in section 134-342 of the Cobb County Code.

(d)

Any condition or stipulation placed upon a rezoning approved by the board of commissioners pursuant to this article II of this chapter or a variance approved by the board of zoning appeals pursuant to this article II of this chapter shall have the force and effect of law. Any person who violates any such condition or stipulation shall, after conviction upon citation issued to the magistrate court of the county, be punished as provided in subsection (a) hereof.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-14.0; Ord. of 11-23-99; Ord. of 2-8-00; Ord. of 9-12-00; Ord. of 10-26-04; Ord. of 7-26-05)