§ 12.06.00. Enforcement.

A.

The administrator, the building official, and their authorized designees shall have the authority under the guidance of the board of commissioners to enforce the provisions of this ULDC.

B.

The administrator, the building official, and their authorized designees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ULDC and may take or cause to be made such examinations, surveys, or sampling as the county deems necessary.

C.

Agents and employees of the county and the authority and law enforcement officials of the county and other law enforcement officials having police powers shall have authority to assist the enforcer in enforcement of this section.

D.

No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

E.

The administrator or the building official shall, at any time, order the cessation of all work on a site if any aspects of this ULDC are violated. Issuance of a certificate of occupancy shall be conditioned on compliance with this ULDC at the time a final inspection is requested.

F.

The administrator or the building official shall have the authority to revoke, suspend, or void any development or building permit or to withhold issuance of a certificate of occupancy until the requirements hereof are met.

G.

If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used in violation of this ULDC, the board of commissioners, the administrator, or the building official, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure or land use.

H.

When a building or other structure has been constructed in violation of this ULDC, the violator shall be required to remove the structure.

I.

When removal of vegetative cover, excavation or fill has taken place in violation of this ULDC, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, in compliance with the erosion and sedimentation control standards of this ULDC.

J.

Enforcement regarding land disturbing activities:

1.

The administrator shall periodically inspect sites of land disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ULDC, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures shall 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 this ULDC.

2.

The administrator shall have the following authority:

a.

To address violations and to refer violations for code enforcement action by the County;

b.

To issue citations for violation of this section;

c.

To issue administrative orders;

d.

To commence civil and criminal actions;

e.

To issue cease and desist orders in the event of any violation.

3.

For the first and second violations of the provisions of this ULDC, the administrator shall issue a written warning to the violator. The violator shall have five (5) days to correct the violation. If the violation is not corrected within five (5) days, the administrator shall issue a stop work order requiring that land disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land disturbing activities are conducted without obtaining the necessary permit, the administrator shall issue an immediate stop work order in lieu of a warning.

4.

For a third and each subsequent violation, the administrator shall issue an immediate stop work order.

5.

All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

K.

Nothing herein shall prevent Henry County from taking other legal action as determined necessary to enforce this ULDC, or to prevent or remedy any violation.