← Back to Pickens County, GA

Document Pickenscountyga_doc_f9f96e389a

Full Text

STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO AMEND CHAPTER 1, ENTITLED “GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT”, OF THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting, preserving, and enhancing the public health, safety and welfare of the population of the counties’ respective unincorporated areas; and WHEREAS, such ordinances empower and facilitate the effective governing and policing of the unincorporated areas of a county; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”), through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower and facilitate the governing and policing of the unincorporated areas of Pickens County, Georgia; and WHEREAS, through the Code, the Pickens County Board of Commissioners (“Board of Commissioners”), as authorized by O.C.G.A. § 36-1-20, may establish standards, means, methods, and roles and responsibilities for administering and enforcing the Code to facilitate the effective governing and policing of the unincorporated areas of Pickens County; and WHEREAS, pursuant to O.C.G.A. § 36-1-20, such standards, means, methods, and roles and responsibilities for administering and enforcing the Code may include provisions of the Code specifying and addressing violations of the Code, and thereby, to punish violations of the Code, may provide for the imposition of fines, imprisonment or both; and Page 1 of 23 ---PAGE BREAK--- WHEREAS, O.C.G.A. 15-10-62 and 15-10-63 authorize the prosecution of violations of county ordinances; and WHEREAS, the Board of Commissioners considers code administration, code enforcement, the punishment of code violations and the prosecution of code violations to be essential to addressing current unlawful acts and to deterring future unlawful acts; and WHEREAS, the Board of Commissioners considers the effective, clear, consistent and efficient administration and enforcement of the ordinances included in the Code to be the paramount factor in the effective governing and policing of the unincorporated areas of Pickens County; and WHEREAS, Chapter 1 of the Code, entitled “General Provisions” (“Chapter is a central element to administering and enforcing the entirety of the Code; and WHEREAS, Chapter 1 was substantially amended by the Board of Commissioners on May 5, 2025 to enhance the effectiveness, clarity, consistency, and efficiency of the administration and enforcement of the Code; and WHEREAS, the Board of Commissioners also amended Chapter 38, “Land Development Standards” (“Chapter 38”), and Chapter 67, “Land Use Intensity Districts and Map” (“Chapter 67”) on May 21, 2025; and WHEREAS, the Board of Commissioners more substantially amended Chapter 38 and Chapter 67, on August 18, 2025; and WHEREAS Chapter 1, Chapter 38 and Chapter 67 are inextricably interrelated regarding the effectiveness, clarity, consistency, and efficiency of the administration and enforcement of critical provisions of the Code; and WHEREAS, the Board of Commissioners desires to further amend Chapter 1 to more closely align to newly amended Chapter 38 and Chapter 67; and WHEREAS, an appropriately noticed public hearing concerning these amendments to Chapter 1 was conducted on August 18, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: Page 2 of 23 ---PAGE BREAK--- SECTION 1. Chapter 1, entitled General Provisions, of this Code of Ordinances of Pickens County, Georgia is hereby amended by the amendments set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. All ordinances, parts of ordinances, resolutions or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 18th day of August 2025. (Signature Page to Follow) Page 3 of 23 ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT A Amendments to Chapter 1, Entitled “General Provisions, Administration and Enforcement”, of the Code of Ordinances, Pickens County, Georgia Chapter I, entitled “General Provisions, Administration and Enforcement”, of the Code of Ordinances, Pickens County, Georgia is hereby amended in its entirety as follows: Chapter 1 - GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT. Sec. 1-1. - Designation and citation of Code. The ordinances included in this chapter and in subsequent chapters shall constitute and be designated as the "Code of Ordinances of Pickens County, Georgia" and may be so cited. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-2. – Authorization to enact; purpose and applicability; declaration of importance; role. Authorization to enact. The Code of Ordinances of Pickens County Georgia (“Code”) is adopted pursuant to O.C.G.A. § 36-1-20. Purpose and applicability. The Code was originally enacted, has been previously amended and will be amended in the future from time to time to enable and sustain the governing and policing of the unincorporated areas of Pickens County, Georgia and is applicable to all land use intensity districts therein, as has been established or as will be established in the future by the Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”) pursuant to chapter 67 of the Code. Page 5 of 23 ---PAGE BREAK--- Declaration of importance. The Board of Commissioners hereby declares that the most comprehensive and effective administration and enforcement possible of the Code pursuant to O.C.G.A. § 36-1-20 is of paramount importance to protecting and preserving of public health, safety and welfare in Pickens County. Role. This chapter shall guide the administration and enforcement of the Code in accordance with the provisions of O.C.G.A. § 36-1-20 and/or in accordance with other applicable provisions of general law as the circumstances of specific situations may require or otherwise warrant. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-3. – Administration and enforcement responsibilities Pickens County Government. Operating within the span-of-control of the Board of Commissioners and under the direction of its Chairperson, the Pickens County Government shall administer and enforce the Code. Chairperson’s powers and responsibilities. The Chairperson shall institute, oversee, and direct the day-to-day execution of all administration and enforcement actions conducted by the Pickens County Government. Designation and authorization of county departments and authorized employees. 1. The Code or, in the absence of designation and authorization by the Code, the Chairperson shall designate and authorize specified departments of the Pickens County Government as have been or as may be in the future established by the Board of Commissioners to conduct actions concerning the administration and enforcement of the Code. 2. The Chairperson shall designate and authorize employees (“authorized county employees”) of the respective departments to carry out the daily functions of administering and enforcing their respective assigned chapters of the Code. 3. The authorized county employees shall report to the Chairperson or to the Chairperson’s designee. Page 6 of 23 ---PAGE BREAK--- 4. The authorized county employees shall administer and enforce the provisions of this Code by citation of violations noted in section 1-4(b) in accordance with the other provisions of this chapter, with any subsequent prosecution of any such violations, if required, to conducted pursuant to Section 1-6. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-4. – Governing general law; violations; and penalties and punishment for violations Governing general law. The violation of any provision of this Code by any person shall be punished in accordance with the provisions of O.C.G.A. § 36-1-20 and/or in accordance with other applicable provisions of general law. Violation. The term “violation” means: 1. Performing an act that is prohibited by any provision of this Code or is made or declared to be an unlawful act, an offense, or a misdemeanor by ordinance or by rule or regulation authorized by ordinance; 2. Failing to perform an act that is required to be performed by any provision of this Code or by ordinance, or by rule or regulation authorized by ordinance; or 3. Failing to perform an act if the failure is declared a misdemeanor, an offense, or an unlawful omission by ordinance, or by rule, or regulation authorized by ordinance. Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative or other legal or commercial entity. Person committing a violation. The term “person committing a violation” means a person committing a violation of any provision of the Code. Page 7 of 23 ---PAGE BREAK--- Penalties and punishment for a violation. 1. General penalties and punishment. A violation of any of the provisions of the Code shall be punishable pursuant to this section by a fine not exceeding $1,000.00 or sixty (60) days imprisonment, or both, except as otherwise prohibited by or as otherwise provided for by general law. 2. Penalties specified in other chapters. Should a specific penalty be otherwise provided by another provision of the Code for a given violation, an authorized county employee noted may, in his or her discretion, seek to impose punishment pursuant to such other provision or, in lieu thereof, but not in addition thereto, may seek to impose punishment pursuant to this section whereby the violation shall be punishable by a fine not exceeding $1,000 or imprisonment not exceeding sixty (60) days, or both, except as otherwise prohibited by or otherwise provided for by general law. 3. No penalty otherwise provided. Should no specific penalty be otherwise provided by in any other chapter in this Code for any specific violation thereof, the violation shall be punishable pursuant to subsection (e)1 of this section. Maximum penalty for single violation. 1. Notwithstanding this section and notwithstanding any other relevant provision of this Code, the maximum penalty and punishment for any single violation shall not exceed a fine of $1,000.00 and/or an imprisonment of more than sixty (60) days. 2. Subsection (f)1 shall not preclude the imposition of higher penalties and punishment that are authorized to be imposed by general law. Continuing violations over an extended period of time. 1. Each day that any violation of any provision of this Code continues in sequence or occurs on separate nonsequential days shall constitute a separate Page 8 of 23 ---PAGE BREAK--- violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. 2. Unless barred by limitations imposed by general law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation and shall be established on the basis of one or more applicable and sufficiently viable: a. Documents b. Written or transcribed complaints c. Written or transcribed witness statements d. Recorded images e. Voice recordings Violations by officers, agents and other associated individuals. 1. Any violation of this Code by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association or organization. 2. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization shall be subject and liable to punishment as well as the corporation or unincorporated association or organization for the violation by it of any provision of this Code, where such violation was the act, omission or Page 9 of 23 ---PAGE BREAK--- order, or the result of the act, omission or order, of any such officer, agent or other associated individual. Separate offenses for multiple persons involved in a violation. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Code may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation; however, not more than one person may be subjected to penalties and punishment for any single violation. No bar to revocation or suspension. 1. Any imposition of a fine and/or imprisonment pursuant to any provision of this Code shall not prevent the revocation or the suspension of any license, permit, certificate, or franchise issued by any authorized county employee. 2. Any imposition of a fine and/or imprisonment pursuant to any other provision of this Code likewise shall not affect the issuance or continuation of any administrative order issued by any authorized county employee, including, but not limited to, any stop-work order. Future amendments. The penalty provided by this section shall apply to the future amendment of any section of this Code, whether or not such penalty is reenacted in the amendatory ordinance. Conflict with federal or state laws. If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this chapter or under any other chapter of this Code conflicts with federal or state laws, the prevailing punishment shall be limited to the maximum permitted by law. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-5 – Prosecution of violations. Page 10 of 23 ---PAGE BREAK--- The prosecution for violations of this Code shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. (Ord. of 5-5-2025, § 1(Exh. Sec. 1-6. – Jurisdiction and venue. Unless otherwise provided by general law, the county magistrate court shall, in addition to any other court as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Code. (Ord. of 5-5-2025, § 1(Exh. Sec. 1-7 – Other available actions. Upon any violation of this Code, in addition to other remedies, the Chairperson of the Board of Commissioners may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in a court of competent jurisdiction to prevent or stop any unlawful act or to correct or abate such violation. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-8. – Severability. The chapters, articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any chapter, article, division, section, paragraph, sentence, clause, or phrase of this Code shall be declared unconstitutional, invalid, or otherwise unenforceable by a valid judgment or decree Page 11 of 23 ---PAGE BREAK--- of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining chapters, articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Code because the remaining chapters, articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable chapter, article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-5-2025, § 1(Exh. Sec. 1-9. – Conflict. If any part of this Code is found to be in conflict with federal law or general law, the most restrictive or highest standard shall prevail. (Ord. of 5-5-2025, § 1(Exh. Sec. 1-10. – Prohibition. Any part of this Code deemed to be explicitly prohibited by federal law or general law shall not be enforced. (Ord. of 5-5-2025, § 1(Exh. Sec. 1-1. - Designation and citation of this Code. The ordinance provisions included in this Chapter and in subsequent chapters shall constitute and be designated as the "Code of Ordinances of Pickens County, Georgia" and may be so cited. (Ord. of 5-5-2025, § 1 (Exh. Sec. 1-2. – Authorization to enact; purpose and applicability; declaration of importance; role. Authorization to enact. Page 12 of 23 ---PAGE BREAK--- The Code of Ordinances of Pickens County Georgia (“Code”) is adopted pursuant to O.C.G.A. § 36-1-20. Purpose and applicability. This Code was originally enacted, has been previously amended and will be amended in the future from time to time to enable and sustain the governing and policing of the unincorporated areas of Pickens County, Georgia and is applicable to all land use districts therein, as has been established or as will be established in the future by the Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”) pursuant to Chapter 67 of this Code. Declaration of importance. The Board of Commissioners hereby declares that the most comprehensive and effective administration and enforcement possible of this Code pursuant to O.C.G.A. § 36-1-20 and other applicable provisions of Georgia law is of paramount importance to protecting and preserving of public health, safety and welfare in Pickens County. Role. The provisions of this Chapter shall guide the administration and enforcement of this Code in accordance with the provisions of O.C.G.A. § 36-1-20 and/or in accordance with other applicable provisions of Georgia law as the circumstances of specific situations may require or otherwise warrant. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-3. – Administration and enforcement responsibilities The Pickens County Government. Operating within the span-of-control of the Board of Commissioners, the Pickens County Government shall administer and enforce the various provisions of this Code. The Chairperson. Page 13 of 23 ---PAGE BREAK--- 1. The Pickens County Government shall operate under the day-to-day direction of its Chairperson. 2. The Chairperson shall oversee the Pickens County Government in accordance with the authority, powers and responsibilities imposed upon him or her by Georgia law, this Code and other ordinances and resolutions that the Board of Commissioners may adopt from to time-time to time. 3. The Chairperson shall institute, oversee, and direct the day-to-day execution of all administration and enforcement actions conducted by the Pickens County Government that are related to the provisions of this Code. Designation and authorization of county departments and authorized employees. 1. Applicable provisions of this Code or, in the absence of designation and authorization by this Code, the Chairperson shall designate and authorize specified departments of the Pickens County Government as have been or as may be in the future established by the Board of Commissioners to conduct departmental operations, including the administration and enforcement of this Code. 2. The Chairperson shall designate and authorize employees (“authorized county employees”) of the respective departments to carry out the daily functions of administering and enforcing their respective assigned chapters of this Code. 3. The authorized county employees shall report to the Chairperson or to the Chairperson’s designee. 4. The authorized county employees shall administer and enforce the provisions of this Code in accordance with the directives established herein and in other chapters of this Code. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 14 of 23 ---PAGE BREAK--- Sec. 1-4. – Governing state law regarding violations and penalties. The applicable provisions of this Code shall punish any violation of a Code provision by any in accordance with the provisions of O.C.G.A. § 36-1-20 and/or in accordance with other applicable provisions of Georgia law. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-5. – Violations, persons committing violations and enforcement actions against violations. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Code. or 2. The failure to perform an act that is required to be performed by any provision of this Code. Person committing a violation. The term “person committing a violation” means a person committing a violation of any provision of this Code. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Enforcement actions against violations. A violation of any provision of this Code may result in any or all of the following enforcement actions, which may be taken due to the violation against the person committing the violation: 1. Administrative actions as set forth in Section 1-6. Page 15 of 23 ---PAGE BREAK--- 2. Penalties as set forth in Section 1-7. 3. Other available actions as set forth in Section 1-8. 4. The requirement to bear the costs of becoming or being compliant as set forth in Section 1-9. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-6. – Administrative actions regarding violations. Cease-and-desist orders. 1. In order to prevent the continuance of any violation of the provisions of this Code, the Pickens County Government may impose a cease-and-desist order on any person committing the violation thereby compelling said person to take one or more of the following actions: a. Discontinue any prohibited: development of land, buildings or structures; (ii) land use; (iii) construction; (iv) erection of signs; and/or other applicable activity. b. Remove or relocate any prohibited structures, buildings, signs or other items. c. Remove or relocate any prohibited additions, alterations or structural changes. d. Discontinue any prohibited work being done or any other prohibited actions being taken. e. Take any other action deemed necessary to effectuate compliance with the provisions of this Code. 2. Any cease-and-desist order shall state the conditions pursuant to which it may be removed. Page 16 of 23 ---PAGE BREAK--- 3. A cease-and-desist order shall not preclude the performance of activities directed by the Pickens County Government for the purpose of removing any violation or unsafe condition. Revocation of permits, certificates, and other approvals. 1. Any applicable permits, certificates or approvals may be revoked when it is determined that actions deemed to constitute violations were conducted during the application process for the purpose of obtaining such permit or approval, including but not limited to, the making of false statements or the making of misrepresentations on written documents. 2. Any applicable permits, certificates or other approvals may be revoked when it is determined that actions deemed to constitute violations have been or are being conducted after the permit or approval has been obtained for the purpose of falsely alleging compliance with such permit’s or approval’s requirements, including but not limited to, the making of false statements or the making of misrepresentations on written documents. Refusal to issue permits, certificates, and other approvals. The Pickens County Government shall refuse to issue any permit, certificate or other approval that would otherwise be issued pursuant to any applicable provision of this Code so long as the applicable person maintains a noncompliant status with and provision of this Code. No bar to other enforcement actions. The imposition of any cease-and-desist order pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 1-5(c) of this Chapter. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-7. – Penalties for violations. Page 17 of 23 ---PAGE BREAK--- Any violation of the provisions set forth in this Code shall be subject to penalties as specified in herein or as set forth in other chapters of this Code. 1. Penalties may include a fine not to exceed $1,000.00 or imprisonment for up to sixty (60) days, or both, unless otherwise prohibited by Georgia law. 2. Subsection (a)1 of this Section shall not preclude the imposition of higher penalties that are authorized to be imposed by Georgia law. 3. Should a specific penalty be otherwise provided by another provision of this Code for a given violation, an authorized county employee may, in his or her discretion, seek to impose punishment pursuant to such other provision or, in lieu thereof, but not in addition thereto, may alternatively seek to impose punishment pursuant to this Chapter. 4. Should no specific penalty be otherwise provided by in any other chapter in this Code for any specific violation thereof, the violation shall be punishable pursuant to Subsection (A)1 of this Section. Continuing violations. 1. Each day that any violation of any provision of this Code continues in sequence or occurs on separate nonsequential days shall constitute a separate violation and each and every separate violation may accordingly be subjected to separate respective fines and/or imprisonment. 2. Unless barred by limitations imposed by Georgia law, there shall be no limit to the quantity of separate daily violations that can accumulate and be made by citation or by accusation in a given situation. 3. The date of the first violation or of any subsequent violation subject to enforcement that occurs in any sequence of additional separate daily violations shall be deemed to be the earliest identifiable day on which the activity giving rise to the violation, and shall be established on the basis of one or more applicable and sufficiently viable: a. Documents. Page 18 of 23 ---PAGE BREAK--- b. Written or transcribed complaints. c. Written or transcribed witness statements. d. Recorded images. e. Voice recordings. Violations by officers, agents and other associated individuals. 1. Any violation of any provision of this Code by any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of his or her office or employment, shall in every case also be deemed to be a violation by such corporation, association, or organization. 2. Any officer, agent or other associated individual acting for or employed by any corporation or unincorporated association, or organization shall be subject and liable to punishment as well as the corporation or unincorporated association, or organization for the violation by it of any provision of this Code, where such violation was the act, omission or order, or the result of the act, omission or order, of any such officer, agent, or other associated individual. Separate offenses for multiple persons involved in a violation. 1. Each person who commits, participates in, or assists in the commission of any violation of any provision of this Code may be found guilty of a separate offense related to that violation and may suffer the penalties provided herein for committing that violation. 2. However, not more than one person may be subjected to penalties and punishment for any single violation. No bar to other actions. Any imposition of a fine and/or imprisonment pursuant to this Subsection shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 1-5(c) of this Chapter. Page 19 of 23 ---PAGE BREAK--- Future amendments. The penalties provided by this Section shall apply to the future amendment of any section of this Code, whether or not such penalty and/or punishment is reenacted in the amendatory ordinance. Conflict with federal or Georgia law If it is deemed by an applicable court of competent jurisdiction that a punishment imposed under this Code conflicts with federal or Georgia law, the prevailing punishment shall be limited to the maximum permitted by law. Prosecution of violations. 1. The prosecution for violations of this Code shall be upon citation by an authorized county employee or upon accusation by the county attorney or upon accusation by such other attorney as the Board of Commissioners may designate. 2. The county attorney or a designated attorney shall be the prosecuting attorney in cases tried upon accusation. 3. The Chairperson, within his or her discretion, in any particular situation, may provide that ordinance violations may be tried upon citation without a prosecuting attorney. Jurisdiction and venue. Unless otherwise provided by Georgia law, the Pickens County Magistrate Court shall, in addition to any other court of competent jurisdiction as may be by law provided, have jurisdiction and venue to hear any case of a violation of this Code. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-8. – Other available actions. Page 20 of 23 ---PAGE BREAK--- Upon any violation of this Code, in addition to other remedies, the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. The taking of any action pursuant to Subsection of this Section or of a revocation pursuant to Subsection of this Section shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 1-5(c) of this Chapter. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-9. – Responsibility for bearing the costs of expenditures necessary for compliance. All expenditures required to comply with any provision of this Code and/or with any determination, order or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)” and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. “Responsible person(s)”, shall mean any person that constitutes an applicable owner, agent of an owner or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Code. The term “person” for purposes of this Section shall mean any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Requiring any responsible person to incur the cost of complying with any provision of this Code shall in no manner bar, otherwise preclude or limit any of the other enforcement actions set forth in Section 1-5(c) of this Chapter. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-10. – Most restrictive standard applies. Should two or more standards set forth in this Code apply to any situation, the more or most restrictive standard shall apply. Page 21 of 23 ---PAGE BREAK--- (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-11. – Liability. Compliance with the provisions of this Code shall not relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 8-18-2025, § 1 (Exh. Sec. 1-12. – Severability. The chapters, articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any chapter, article, division, section, paragraph, sentence, clause, or phrase of this Code shall be declared unconstitutional, invalid, or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity or unenforceability shall not affect any remaining chapters, articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Code because the remaining chapters, articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid or unenforceable chapter, article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-13. – Conflict with federal and/or state law. If any part of this Code is found to be in conflict with federal law or Georgia law, the higher or highest standard shall prevail. (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Sec. 1-14. – Prohibition. Any part of this Code deemed to be explicitly prohibited by federal law or Georgia law shall not be enforced. Page 22 of 23 ---PAGE BREAK--- (Ord. of 5-5-2025, § 1 (Exh. (Ord. of 8-18-2025 § 1 (Exh. Page 23 of 23