§ 1-10. General penalty; continuing violations.  


Latest version.
  • (a)

    In this section "violation of this Code" means:

    (1)

    Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

    (2)

    Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

    (3)

    Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

    (b)

    In this section "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.

    (c)

    Violations of this Code shall be handled as follows:

    (1)

    If a summons or citation is served by leaving a copy at the premises where an ordinance violation is alleged to have occurred, mailing a copy to the owner of the premises at the address of record maintained by the tax commissioner and tax assessor, and publishing notice as required by rule or regulation of the recorder's court, a fine not exceeding five hundred dollars ($500.00) may be imposed. Any fine imposed shall be subject to immediate execution.

    (2)

    If a summons, citation or accusation is personally served upon an accused, a fine not exceeding one thousand dollars ($1,000.00), or imprisonment in the county jail not to exceed one hundred twenty (120) days, or a combination thereof may be imposed. Any fine imposed shall be subject to immediate execution.

    (3)

    The judge may probate [prorate] any part or all of any fine or jail time imposed pursuant to this section.

    (4)

    For violation of a pretreatment standard or requirement adopted pursuant to the Federal Clean Water Act, the maximum fine shall be one thousand dollars ($1,000.00) per day for each violation by an industrial user.

    (5)

    With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. Notwithstanding the foregoing, attorneys shall not be punished under this section for failure to comply with chapter 15 of this Code.

    (d)

    (Effective January 1, 2013) The imposition of a fine pursuant to this section does not prevent revocation or suspension of any county-issued registration, business occupation tax certificate, license, permit or franchise. So long as a fine remains unpaid and outstanding, and not the subject of any appeal, an application for any county-issued registration, business occupation tax certificate, license, permit, franchise, variance, sketch plat, amendment to the comprehensive plan land use map, amendment to the official zoning map, rezoning, special administrative permit, or special land use permit may not be accepted by any county employee or issued by any county employee, official, board, commission or other county entity if such application relates to the person who owes the fine as reflected in the recorder's court records or the land on which the violation(s) has been shown to exist.

    (e)

    Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

    (Code 1976, § 1-1007; Ord. No. 90-17, § 1, 6-26-90; Ord. No. 92-11, § 1, 7-14-92; Ord. No. 98-10, 12-22-98; Ord. No. 11-03, Pt. I, 6-10-03; Ord. No. 11-16, Pt. I, 9-27-11; Ord. No. 11-18, Pt. I, 9-27-11)

    Cross reference— Limitations on punishment in recorder's court, App. B, § 667.

    Organizational act reference— Penalty for ordinance violations, § 10(c).

State law reference

Prosecution of county ordinances in magistrate court, O.C.G.A. § 15-10-60 et seq.