Editor's Note — See the Editor's Note at the beginning of Title IV.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
Whenever the Land Use Administrator discovers or receives a written, signed complaint alleging a violation of any Chapter of this regulation, he shall investigate the complaint and take whatever action is warranted.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
The developer, owner, tenant or occupant of any buildings or land or part thereof and any architect, engineer, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this regulation may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
If the Administrator finds that any provision of this regulation is being violated, he shall send a written notice to the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.
B. 
The written notice shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Chapter 409.
C. 
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this regulation or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 410.007.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Violations of the provisions of this regulation or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants or variances or conditional use permits, shall constitute a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) plus costs or a maximum ninety (90) days confinement, or both.
B. 
This regulation may also be enforced by any appropriate equitable action.
C. 
Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this Section.
D. 
Any one (1), all or any combination of the foregoing penalties and remedies may be used to enforce this regulation.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
In all instances were a violation of this regulation has been verified and substantiated by the Land Use Administrator, the person(s) liable as specified in Section 410.003 shall be provided written notice of violation of the specific violations that have been found, the corrective measures to be taken and the timeframe in which all corrective measures are to be completed. If the corrective measures set out in the notification are not complied with, then the Land Use Administrator shall issue a formal stop work order that shall direct all use and activities to be suspended immediately.
B. 
Any zoning or conditional use permit authorized by these regulations may be revoked by the permit issuing authority (in accordance with the provisions of this Section) if the permit recipient fails to comply with the corrective measures set forth in the stop work order or in accordance with the approved plans, any conditions for which the approved permit was based, any requirements of this regulation or any additional requirements lawfully imposed by the Board of Aldermen.
1. 
Before a conditional use permit may be revoked, all of the public notice and hearing requirements of this regulation shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
a. 
The burden of presenting evidence sufficient to authorize the Board of Aldermen to conclude that a permit should be revoked for any of the reasons set forth in Subsection (B) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
b. 
A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
2. 
Before a zoning permit may be revoked, the Administrator shall give the permit recipient ten (10) days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefore.
3. 
No person may continue to make use of land or buildings in the manner authorized by any permit authorized by this regulation after such permit has been revoked in accordance with this Chapter.
C. 
In matters expressly dealing with residential or non-residential subdivision developments, if any violation of this regulation has been found to be evident, the Administrator shall provide written notice to the developer(s) outlining the specifics of the violation(s) and the remedial action to be taken by the developer(s) to ensure that development activities are brought into compliance with this regulation and any other conditional requirements that have been required as part of the development's approval.
1. 
If the developer(s) has not complied with the corrective measures specified in the notice of violation issued by the Land Use Administrator, then the Administrator shall issue a stop work order upon the developer(s).
2. 
After receiving a stop work order from the City, the developer(s) shall immediately cease all further development activities that comprise the project until all corrective measures are completed by the developer(s) as required and all compliance issues are verified by the City.
D. 
In every instance were a stop work order has been issued, all activities shall be suspended until the requirements specified in the stop work order are brought into compliance with this regulation. In all instances were a development site is subject to the filing of a surety, a stop work order shall be deemed as legal cause for the City to use said surety in accordance with Section 406.021 of this regulation.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Every decision of the Board of Aldermen granting or denying a conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the Circuit Court of Pulaski County by proceedings in the nature of certiorari.
B. 
A petition for a writ of certiorari must be filed with the Circuit Clerk of Pulaski County within thirty (30) days after the filing of the final decision made by the Board of Aldermen, Planning and Zoning Commission or Board of Adjustment.
C. 
A written copy of the decision made by the Board of Aldermen, Planning and Zoning Commission or Board of Adjustment has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.