§ 74-523. Penalties.

(a)

Penalties. In the event the remedial measures described in the notice of violation have not been completed within the time provided in the notice of violation for appeal to the municipal court, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.

(b)

Notice. Upon expiration of the notice, the City of Atlanta may notify the person in violation of its intent to seek penalties and of any other enforcement to be taken under this section. Before taking any of the following actions or imposing any of the following penalties, the City of Atlanta shall first notify the owner or other responsible party in writing of its intended action, and shall provide not more than 72 hours (except, that in the event the violation constitutes an immediate danger to public health or public safety, or taking action without a required permit 24 hours notice shall be provided) to cure such violation. In the event the owner or other responsible party fails to cure such violation after such notice and cure period, the City of Atlanta may take any one or more of the following actions or impose any one or more of the following penalties:

(1)

Stop work order. The City of Atlanta may issue a stop work order which shall be served on the owner or other responsible party. It shall stop all activities at the site except for the work required to remedy the violation or violations. The stop work order shall remain in effect until the owner or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein.

(2)

Withhold certificate of occupancy. The City of Atlanta may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the owner or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The City of Atlanta may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the owner or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. Suspension, revocation or modification of a permit shall not prohibit the responsible party from taking the necessary remedial measures to cure the violations.

(4)

Civil penalties. In the event the owner or other responsible party, fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within the time provided in the notice of violation, or such greater period as the City of Atlanta shall deem appropriate after the City of Atlanta has taken one or more of the actions described above, the City of Atlanta may issue a citation for the violation of this article and impose a penalty not to exceed $2,500.00 per violation, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.

(5)

Criminal penalties. For intentional and flagrant violations of this article, the City of Atlanta may issue a citation to the owner or other responsible party, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Imposition of criminal penalties shall be a separate and distinct action from the imposition of civil penalties pursuant to subsection (4) of this section.

(6)

Liability. Implementation of this section does not reduce liability under any other applicable state or federal law, rule, or requirement.

(c)

Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. Each remedy listed in this subsection may be sought and imposed for each day of violation and the department of watershed management may seek cumulative remedies.

(Ord. No. 2013-05(12-O-1761), § 21, 2-13-13)