§ 34-4. Authority to waive procedures and fee structures.  


Latest version.
  • (a)

    County business. Upon declaration of an emergency or disaster by the governor or chairman of the board of commissioners, the affairs and business of the county may be conducted at places other than the regular or usual location, within or outside of the county, when it is not prudent, expedient or possible to conduct business at the regular location. When such meetings occur outside of the county, all actions taken by the local governing body shall be as valid and binding as if performed within the county. Such meetings may be called by the presiding officer or any two members of the governing body without regard to or compliance with time-consuming procedures and formalities otherwise required by law.

    (b)

    Purchasing and public works contracts. Upon declaration of an emergency or disaster by the governor or chairman of the board of commissioners, the board of commissioners may contract for public works without letting such contract out to the lowest, responsible bidder and without advertising and posting notification of such contract for four weeks; provided, however, that the emergency must be of such nature that immediate action is required and that the action is necessary for the protection of the public health, safety and welfare. Any public works contract entered into pursuant to this subsection shall be entered on the minutes of the county as soon as practical and the nature of the emergency described therein.

    (c)

    Code enforcement. Upon declaration of a state of emergency or disaster by the governor or the chairman of the board of commissioners, the board of commissioners may temporarily suspend the enforcement of the ordinances of the county, or any portion thereof, where the emergency is of such nature that immediate action outside the code is required, such suspension is consistent with the protection of the public health, safety and welfare, and such suspension is not inconsistent with any federal or state statutes or regulations.

    (d)

    Fees. Upon declaration of a state of emergency or disaster by the governor or the chairman of the board of commissioners, the board of commissioners may temporarily reduce or suspend any permit fees, application fees or other rate structures as necessary to encourage the rebuilding of the areas impacted by the disaster or emergency. The term "fees" include fees or rates charged by the county 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. The term "fees" does not include fees collected by the county on behalf of the state or federal government or fees charged by the county pursuant to a state or federal statute or regulation.

    (e)

    Temporary dwellings. Upon the declaration of a state of emergency or disaster by the governor or chairman of the board of commissioners, the board of commissioners or its designees may issue temporary mobile home, trailer, recreational vehicle or other temporary dwelling structures or parks in any zoning district, even though not otherwise permitted by zoning regulations, 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 county health department and building and inspections division. The temporary permit shall not exceed six months in duration. In the case of a continuing hardship, and in the discretion of the board of commissioners or its designee, the permit may be extended for a period of up to an additional six months. Upon expiration of the temporary permit and/or extension, the temporary dwelling must be removed.

(Ord. of 2-27-07)