Atlanta |
Code of Ordinances |
Part II. CODE OF ORDINANCES—GENERAL ORDINANCES |
Chapter 74. ENVIRONMENT |
Article VI. FLOOD AREA REGULATIONS |
§ 74-207. Enforcement.
The commissioner is authorized to enforce the requirements of this article in accordance with the procedures set forth in this section.
(a)
Violations. Any person in violation of this article shall be subject to the general penalty set out in section 1-8 and shall be required to modify or remove the violation to achieve compliance with this article. Each day during which violation or failure to comply continues shall he a separate violation.
(b)
Stop work orders. The commissioner of the department of watershed management, and the commissioner of the department of city planning, or their respective designees, are each authorized to issue stop work orders to any person that violates this article. Stop work orders shall be effective immediately and remain in effect until corrective actions have occurred.
(c)
Building permit. If the City of Atlanta determines that a permittee has failed to comply with any provision of this article, the commissioner of the department of city planning or said commissioner's designee may suspend or revoke the building permit.
(d)
Withhold certificates of occupancy or completion. The commissioner of the department of city planning or said commissioner's designee is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site in violation of a stop work order until the owner has taken the remedial measures as set forth in the stop work order, or has otherwise corrected the violations described therein.
(e)
Flood damaged and unusable structures in a floodplain. If a structure has been flooded and sustained damage to a degree that renders the structure unusable or uninhabitable, or otherwise presents a threat to public health, safety, welfare and environment, the owner shall repair or demolish the structure. Any such structure that remains in a damaged state fair at least 24 months shall be declared a public nuisance and may be abated by injunctive or other equitable relief according to the provisions of article V of this chapter.
(f)
Violations deemed public nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article that constitute a threat to public health, safety, welfare, and environment may be declared and deemed a nuisance, and may be abated by injunctive or other equitable relief according to the provisions of article V of this chapter.
(Ord. No. 2013-20(13-O-1021), § 15, 5-29-13; Ord. No. 2017-14(17-O-1157) , § 6, 4-26-17)