HomeMy WebLinkAboutUndated - Alleged ViolationsASHBURY SUBDIVISION ALLEGED VIOLATIONS
No determination has been made as to the accuracy of the allegations or the factual
circumstances at issue. This analysis merely addresses the legal status of each
alleged violation if indeed it were determined that it occurred as claimed.
Variances from Preferred Administrative Procedures, But Not Violations:
Contractor not registered with building department — the legal requirement is that
contractor either hold city certification or else be state certified {Code section 26-171(a)); the
City registration system is an administrative means of tracking compliance.
Permit in owner name rather than contractor — only illegal to hire an unlicensed
subcontractor to do work under an owner/builder permit per Code section 26-172 (2).
Conflicts with Representations at Hearing, But Not Violations:
Gopher tortoises not relocated to buffer area — while permit allowed relocation of any
tortoises to the buffer, it was not a requirement.
Noncompliance With Code, But Not Violations:
No tree survey - although not required for regular site plan approval, one of the required
document submittals under LDC54-4-20.3(b)(1)(c) for preliminary development plan approval in
a PUD is an updated environmental impact statement and environmental survey including "trees
and vegetative cover shown in a tree survey". However, this would merely be grounds to reject
an application, not the basis for a code enforcement action.
Code Violations, But Corrected After Notice:
Early construction hours - per Code section 26-6 construction activities shall only be
allowed during the hours of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on
Saturday and Sunday.
Oversized open mulch machine — Per Sec. 50-4, it shall be unlawful to operate any tub
grinder, or any other mulching machine, having a tub or otherwise exposed chopping area with a
diameter in excess of four feet.
Code Violations, Not Correctable:
Not developing in accordance with approved plans — per Code section 54-4-18.2(e) all
uses must be in accordance with approved site plans. Site plan items alleged to have been
violated are:
Exceeding the +10' clearing for stormwater berm
Silt Fence installed prior to clearing
Removal of vegetation from buffer zone
Access from roads not designated in construction plans
Removal of specimen trees beyond permitted area — removal of specimen trees must be
by permit only per Code section 54-3-14.3