§ 58-205. Violations and penalty.  


Latest version.
  • (a)

    A violation of this article shall be a misdemeanor punishable according to law. However, in addition to or in lieu of any criminal prosecution, Fulton County shall have the power to sue in law or equity for relief in civil court to enforce this article. Recourse to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including injunctive relief to enjoin and restrain any person from violating the provisions of this article and to recover such damages as may be incurred by the implementation of specific corrective actions.

    (b)

    To knowingly furnish false information to the county on any matter relating to the administration of this article shall constitute a violation thereof.

    (c)

    The county manager may withhold the issuance of any building permit or other development permits if the provisions of this article have been violated by the owner or his/her assigns, on any property within unincorporated Fulton County until the provisions of this article, including the conditions on any permit issued thereunder, have been fully met.

    (d)

    The county manager shall have the right to inspect the lands affected by this article and shall have the right to issue cease and desist orders and citations for violations. Refusal of written notice of violation under this article shall constitute legal notice of service.

    (e)

    For any violation, the county manager shall have the authority to issue a citation. The citation shall be in the form of a written official notice issued in person or by certified mail to the owner of the property, or to his/her agent, or to the person performing the work. The receipt of a citation shall require that corrective action be taken within 30 working days unless otherwise extended at the discretion of the county manager. If the required corrective action is not taken within the time allowed, the county manager may use any available civil or criminal remedies to secure compliance, including revoking a permit.

(94-RM-121, pt. 1, art. XVI, §§ 1—5, 5-18-94)

State law reference

Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b).