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APP draft includes penalties for violation

Like the Unified Land Management Ordinance, the draft of the Area Performance Planning ordinance includes a section outlining penalties for violations. The new draft, however, gives clearer direction to the planning staff. In the draft, the zoning administrator or an authorized representative direct compliance, as he or she deems necessary, including the issuance of verbal and/or written compliance orders. Additional enforcement actions include: the revocation of zoning permits, the withholding of any related permits, plats, inspections or other permissions, approvals or privileges authorized by county ordinance, and redress through legal action.

In the case of legal action, violations of the ordinance or failure to comply with its requirements would constitute a misdemeanor. Any person, firm, or corporation who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than the maximum allowable penalty jurisdiction of the Magistrate’s Court. Each day such a violation continues would be considered a separate offense.

Under the draft, the zoning administrator or other appropriate county official may also seek injunctive relief or any other appropriate action in courts of competent jurisdiction to enforce the provisions of the ordinance.

To read more about the proposed enforcement of the APP ordinance, please click here.

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