Fulton County |
Code of Ordinances |
Chapter 26. ENVIRONMENT |
Article VII. FULTON COUNTY UNIFIED STREAM BUFFER PROTECTION |
§ 26-433. Violations, enforcement and penalties.
(a)
Any person found to be in violation of any provision of this article shall be served written notice by the director stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such person shall, within the period of time stated in the notice, take all necessary action to correct the violation and shall permanently cease such violation. The director shall assess a maximum penalty up to $1,000.00 per day for each violation involving unauthorized undisturbed buffer or impervious surface setback encroachment. Each day during which the violation continues shall be a separate violation.
(b)
If any violation of any provision of this article continues beyond the correction period stated in the notice provided, an immediate stop-work order shall be issued by the director. Such order 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 be posted upon the property. The stop work order shall state the conditions under which work may be resumed.
(c)
In addition to any other remedies set forth in this article, any person found in violation of any provision of this article shall be issued a citation by Fulton County and may be prosecuted and punished as provided by law for the violation of an ordinance. Each day in which a violation continues shall constitute a separate violation.
(d)
If the director determines that a threat to public safety or welfare exists as a result of a violation of this article and any person has failed to take corrective action within the time period stated in the notice provided, Fulton County may take such remedial action as is necessary to protect the public safety or welfare. Such remedial action may include entering the property where a violation is present, correcting the violation, and placing a lien on the property to secure payment and reimbursement of any and all expenses incurred by Fulton County to correct such violation.
(Res. No. 05-0566, Exh. A, 3-4-05)