§ 14.4. Penalties.  


Latest version.
  • 14.4.1 Failure to obtain a permit. If any person commences any activity requiring a permit as prescribed in these regulations without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of Paulding County. Additionally, the person shall be subject to citation by the Paulding County Marshal, Sheriff, deputies or any other duly authorized officer for performing activities without the required permit.

    14.4.2 Stop-work orders. Upon notice from the directors, or their designees, of the various departments, work on any project that is being done contrary to the provisions of these regulations or in a dangerous or unsafe manner, shall be immediately stopped. Such notice shall be in writing and 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 state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required.

    14.4.3 Bond forfeiture and lien. If, through inspection, it is determined that a person engaged in permitted activities has failed to comply with the approved construction plans, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of these regulations and, in addition to other penalties, shall be deemed to have forfeited his bond. The director of the community development department, in conjunction with the county attorney, may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to complete the work and bring it into compliance.

    In the event that either the performance or maintenance securities fail for any reason to cover the costs of bringing a project into compliance with approved construction plans, including any deficiency as to form or execution of the securities, then all real estate of the project held by the subdivider/person is subject to being charged for the costs and such costs shall be a lien upon such real estate for the benefit of Paulding County, Georgia. The lien shall be filed in the records of the Paulding County Superior Court Clerk. The lien shall be assessed coequal to and enforced in the same manner as liens for state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48 of the Official Code of Georgia. The lien shall have a duration of ten years.

    14.4.4 Monetary penalties. Any person violating any provisions of these regulations, permitting conditions, or stop-work order shall be subject to citation by the Paulding County Marshal, Sheriff, deputies or any other duly authorized officer and deemed liable for a monetary penalty not to exceed $1,000.00 per day, by a sentence of imprisonment not exceeding 60 days in jail, or both fine and jail, or work alternative. Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation.

(Res. No. 10-18, § 3, 8-10-2010)