§ 34-7. Compliance.  


Latest version.
  • (a)

    General. Within the jurisdiction of this chapter, no subdivision shall be made, platted, or recorded, nor shall any building permit be issued, unless such subdivision meets all the requirements of this chapter and has been approved in accordance with the requirements as herein provided. The board of county commissioners or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to insure compliance with the provisions of this chapter, including injunctive relief to enjoin and restrain any person violating the provisions of this chapter, and any rules and regulations adopted under this chapter, and the court shall, upon proof of violation of this chapter have the duty to forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of this chapter.

    (b)

    Required improvements. No subdivision occupancy shall be allowed until all of the improvements have been completed as required by this chapter.

    (c)

    Erection of buildings. No building shall be erected on a lot or parcel of land subject to this chapter nor shall any building permit be issued therefor unless one (1) of the following conditions exists:

    (1)

    Such lot or parcel is within a subdivision for which a plat has been recorded (except for a building authorized prior to platting under section 30-83(b)), and the required improvements have been installed and accepted by the board of county commissioners. Buildings may be erected concurrently with the construction of the required improvements subject to compliance with section 34-133(d). No certificate of occupancy shall be issued until all the required improvements have been completed and duly certified to the board of county commissioners; or

    (2)

    A variance has been granted pursuant to section 34-27.

    (d)

    The provisions of section 34-7(c) shall not apply to the erection of agricultural buildings.

    (e)

    Violation. Any person who shall sell any lot, or lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main or drainage structure without having first complied with provisions of this chapter, or otherwise violates this chapter, shall be punished as provided in section 1-9 of the County Code. Each day that the violation continues shall constitute a separate violation.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 2000-14, § 1, 6-27-00; Ord. No. 2009-05 , § 3, 2-24-09)