§ 58-57. Penalties.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the county community development agency shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the county community development agency may take any one or more of the following actions or impose any one or more of the following penalties.

Upon notice from the department, work on any project which is being performed contrary to the provisions of this article, including work performed without proper permits, or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing; shall site the specific violations; shall be served on the owner, the applicant for any permit or the person in charge on the site or an authorized agent of the owner or applicant; and shall state the conditions upon which work may be resumed. Where an emergency exists, no written notice shall be required.

(1)

Stop work order: The county community development agency may issue a stop work order, which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

(2)

Withhold certificate of occupancy: The county community development agency may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit: The county community development agency may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the county community development agency may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties: In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the county community development agency shall deem appropriate(except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the county community development agency has taken one or more of the actions described above the county community development agency may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties: For intentional and flagrant violations of this article, the county community development agency may issue a citation to the applicant or other responsible person, requiring such person to appear in magistrate court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment of 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(6)

Repeated violations of this article can result in revocation of county business licenses.

(Ord. of 4-13-04; Ord. of 2-27-07)