§ 26-113. Penalties for violation of article.

(a)

Upon determination that a violation of this article has occurred, the person responsible for the land disturbing activity shall be given a written notice of the violations and a time in which to correct the deficiencies.

(b)

If construction violations of the approved plan are occurring, an immediate stop work order may be issued by the director of the issuing department or his/her designee.

(c)

All non-construction related violations of this article shall be issued a citation by the county.

(d)

The magistrate court of the county and the state court of the county shall each have jurisdiction to try offenses alleging violations of this article by any person, firm, corporation, partnership, or other entity. Violations of this article shall be deemed to be a misdemeanor. Each day any violation of this article shall continue shall be considered a separate offense. Upon conviction, any person, firm, corporation, partnership, or other entity shall be subject to a fine of $1,000 per violation or imprisonment in the county jail for not more than 60 days, or by both this fine and imprisonment for each offense.

(e)

The county attorney on behalf of the county may institute injunctive, or other appropriate action or proceedings at law or equity for the enforcement of this article or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.

(95-0093, art. VII, § F, 3-15-95; 99-0644, § II, 5-5-99; Ord. No. 08-0194, 2-20-08)

State law reference

Maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b).