§ 20-221. Rules and regulations.

(a)

State promulgated rules and regulations.

(1)

The following rules and regulations of the Georgia DCH, including all subsequent amendments, revisions or modifications thereto, and which are expressly incorporated herein, are hereby adopted and approved for enforcement as set forth herein:

a.

Control of Rabies, Comp. R. & Regs. § 290-5-2. See Ch. 8, Animals.

b.

Food Service, Comp. R. & Regs. § 290-5-14.

c.

Tourist Accommodations, Comp. R. & Regs. § 290-5-18.

d.

Land Disposal of Domestic Setage, Comp. R.& Regs. § 290-5-25.

e.

On-Site Sewage Management Systems, Comp. R. & Regs. § 290-5-26.

f.

Drinking Water Supply, Comp. R. & Regs. § 290-5-55.

g.

Solid Waste, Comp. R. & Regs. § 290-5-56.

h.

Special On-Site Sewage Management Systems, Comp. R. & Regs. § 250-5-59.

i.

The Georgia Smokefree Air Act of 2005, Comp. R. & Regs. § 290-5-61.

j.

Swimming Pools and Recreational Water Parks, Comp. R. & Regs. § 290-5-57.

(2)

Copies of those DCH rules and regulations are on file in the office of the city clerk, where the same are available for inspection and copying by the public during regular city operating hours.

(b)

Local board of health enactments.

(1)

Pursuant to O.C.G.A. § 31-3-1, et seq., in addition to the above-referenced rules and regulations of the Georgia DCH, the following rules and regulations have been enacted by the Habersham County Board of Health and are hereby adopted by the city in accordance with state law, and are:

a.

Rules and regulations concerning body art, enacted by resolution dated February 9, 2009, which are hereby set forth verbatim herein and adopted by the city council upon lawful adoption of this article.

b.

Rules and regulations concerning rabies control, enacted by resolution dated February 9, 2009, which are hereby set forth verbatim herein and adopted by the city council upon lawful adoption of this article.

(2)

Copies of those rules and regulations enacted by the Habersham County Board of Health, and having been adopted by the city, are on file in the office of the city clerk, where the same are available for inspection and copying by the public during regular city operating hours.

(c)

In addition, the rules and regulations concerning minimum lot sizes for the orderly and safe development of property utilizing on-site sewage management systems, having been enacted by resolution dated February 9, 2009 by the Habersham County Board of Health, are hereby adopted and made a part of this article as though fully set out at length herein to the extent that same are not in conflict with the existing Code of Ordinances of the City of Cornelia, the Zoning Ordinance of the City of Cornelia and the Subdivision Regulations of the City of Cornelia. The city may require different minimum lot sizes for utilization of on-site sewage management systems in zoning or land use districts providing for septic service, and in the event there is a conflict between the lot size(s) established by the Habersham County Board of Health and that established by the city, the lot size(s) established by the city shall control and take precedence.

(d)

A fee schedule for the implementation and confirmation of compliance with the above-referenced DCH rules and regulations and local board of health enactments, including permit and inspection fees, has been established by the Habersham County Board of Health, and is hereby adopted by the city. A copy of this fee schedule, including all subsequent amendments, revisions or modifications thereto, is on file in the office of the city clerk and is available for inspection and copying by the public during regular city operating hours.

(e)

The enforcement and prosecution of this article shall be within the jurisdiction of the City of Cornelia and the Habersham County Board of Health, and their authorized designee(s) or agent(s), and all law enforcement personnel of the City of Cornelia, Georgia.

(f)

It shall be unlawful for any natural person or persons or any legal entity including, and not limited to, a corporation, partnership, limited liability company, firm or trust, to violate any of the above-identified rules and regulations, and/or to fail or refuse to pay any fee established by the Habersham County Board of Health, and adopted by the city, for the implementation and confirmation of compliance with the above-identified rules and regulations, including all permit and inspection fees.

(g)

Any person or persons or any legal entity including, and not limited to, a corporation, partnership, limited liability company, firm or trust, violating any provision of the rules and regulations identified and adopted in this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or six months imprisonment, or both; provided however, that for any single violation the period of imprisonment shall not exceed 120 days; and provided, further, that the judge may probate any part or all of any punishment imposed pursuant to this section, as allowed pursuant to section 1-12 of the Code of Ordinances of the City of Cornelia.

(h)

Each day during which a violation of any provision of the rules and regulations identified and adopted in this article shall constitute, and shall be considered, a separate offense.

(i)

The Municipal Court of Cornelia, Georgia shall have original jurisdiction upon any offense charged pursuant to this article.

(j)

In addition to the rights and remedies set forth herein, or as otherwise authorized by law, the city, and the Habersham County Board of Health, retain and reserve the right to seek equitable relief, injunction, abatement, or any appropriate action or proceeding to protect the public health, safety and welfare. Failure or refusal to pay any fee approved for the implementation and confirmation of compliance with the above-identified rules and regulations, including all permit and inspection fees, may result in suspension and/or revocation of any permit issued by the Habersham County Board of Health.

(k)

Violations of all DCH promulgated rules and regulations and all local board of health enactments identified herein may be prosecuted by an accusation or citation, with or without a prosecuting attorney; and the city hereby authorizes the city attorney or his designee to prosecute violations of this article.

(l)

This article, and the enforcement and prosecution of this article by the city and the Habersham County Board of Health, and their authorized agent(s) or designee(s), does not in any way effect, stop, prescribe, regulate, limit, or in any way control or prohibit the Georgia DCH, and its agent(s) or designee(s), from initiating or undertaking any action or proceeding to enforce compliance with its rules and regulations.

(m)

This article shall become effective immediately upon its adoption by the City Commission of the City of Cornelia, Georgia. Any and all existing or pre-existing ordinances and provisions in conflict with this article are hereby repealed.

(Ord. No. 06-10-01, §§ I—XIII, 7-13-2010)