This Code may be amended, supplemented or repealed by a majority vote of the County Board of Commissioners.
If any section, subsection, clause, or phase of this Code is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Code.
All regulations in conflict with this Code are hereby repealed; the terms and conditions under which preliminary plats were approved prior to the adoption of this Code shall be binding and in effect except that the rights and privileges conferred upon the subdivider in Section 34-3-8 herein shall be applicable.
In the event any person holding a development permit pursuant to this Code violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Administrative Officer may suspend or recommend that the County Board consider revoking the development permit.
Suspension of a permit shall be by a written stopwork order issued by the Administrative Officer and delivered to the permittee or the agent or the person performing the work. The stopwork order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stopwork order shall remain in effect until the next regularly scheduled meeting of the County Board of Commissioners or the conditions of resuming work are met.
No development permit shall be revoked until a hearing is held by the Planning Commission. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
(A)
The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and
(B)
The time when and place where such hearing will be held.
Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing the Planning Commission shall determine whether the permit shall be recommended to the County Board of Commissioners for revocation or that work can proceed.
Any person, partnership or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this Code is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than Five Hundred Dollars ($500.00) for each offense. In addition to any other penalty authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Code shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration. Failure on the part of the subdivider to comply forthwith with any order made under the provisions of this Code will result in injunctive action, not withstanding the penalty provisions of this Section.
Any person who shall sell or offer for sale, lease or offer for lease, while this Code is in effect, any lot or lots or block or blocks, within the area of jurisdiction of the County or any resubdivision of any block or lot therein, before all of the requirements of this Code have been complied with, shall be deemed in violation and be subject to fines specified in Section 34-8-7.