§ 35-184

1.

Prior to issuance of any permits for development subject to review by the Board of Architectural Review, as many copies of the Board of Architectural Review application and project plans, as well as additional materials (color and texture chips, etc.) as may be required shall be filed with the Planning and Development Department, including but not limited to site plans, architectural drawing, and landscape plans as applicable. The plans shall include the information and details required by the Planning and Development Department.

2.

An application for approval of a sign shall contain project plans and additional information and details required by the Planning and Development Department.

1.

The Board of Architectural Review shall review and approve, disapprove, or conditionally approve applications for Preliminary and Final Approval submitted in accordance with Section 35-184.6 (Findings Required for Approval). The Board of Architectural Review shall also render its advice on the exterior architecture of buildings, structures, and signs to the Planning Commission or Board or Supervisors when requested to do so.

2.

Applications for Preliminary and Final Approval by the Board of Architectural Review shall be accepted only if the application is accompanied by a development application or if the Department is processing an existing development application for the proposed project.

(Added by Ord. 4318, 06/23/1998)

Section 35-184.6 Findings Required for Approval. (Amended by Ord. 4887, 06/09/2016)

1.

Findings for all Board of Architectural Review applications. A Board of Architectural Review application shall be approved or conditionally approved only if the Board of Architectural Review first makes all of the following findings:

a.

In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms; shall be designed to

follow the natural contours of the landscape; and shall be sited so as not to intrude into the skyline as seen from public viewing places.

b.

In areas designated as urban on the land use plan maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged.

c.

Overall building shapes, as well as parts of any structure (buildings, walls, fences, screens, towers or signs) are in proportion to and in scale with other existing or permitted structures on the same site and in the area surrounding the property.

(Amended by Ord. 4067, 08/18/1992)

d.

Mechanical and electrical equipment shall be well integrated in the total design concept.

e.

There shall be harmony of material, color, and composition of all sides of a structure or building.

f.

A limited number of materials will be on the exterior face of the building or structure.

g.

There shall be a harmonious relationship with existing and proposed adjoining developments, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

h.

Site layout, orientation, and location of structures, buildings, and signs are in an appropriate and well designed relationship to one another, respecting the environmental qualities, open spaces, and topography of the property.

i.

Adequate landscaping is provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provisions for maintenance of all planting.

j.

Signs including their lighting, shall be well designed and shall be appropriate in size and location.

k.

The proposed development is consistent with any additional design standards as expressly adopted by the Board of Supervisors for a specific local community, area, or district pursuant to Section 35-144A of this Article.

(Amended by Ord. 3978, 02/21/1992)

2.

Additional findings required for Board of Architectural Review applications within the Montecito Community Plan area.

a.

A Board of Architectural Review application for a lot located within the Montecito Community Plan area shall be approved or conditionally approved only if the Board of Architectural Review also first makes all of the findings identified in Section 35-213 (BAR Findings Required for Approval).

3.

Additional findings required for Board of Architectural Review applications within the Summerland Community Plan area.

a.

Plans for new or altered structures will be in compliance with the Summerland Residential Design Guidelines or Summerland Commercial Design Guidelines, as applicable.

b.

Permitted encroachment of structures, fences, walls, landscaping, and other development, into existing public road rights-of-way is consistent in style with the urban and rural areas and minimizes visual or aesthetic impacts.

c.

Landscaping or other elements are used to minimize the visual impact of parking proposed to be located in front setback areas.

d.

If Monterey or Contemporary architectural styles are proposed, the design is well executed within the chosen style, and the style, mass, scale, and materials proposed are compatible with the surrounding neighborhood.

e.

If located in the Rural Area:

All structures (primary and accessory structures, including residences, garages, guest houses, barns, corrals, sheds, greenhouses, lath houses, artist studios, etc.) and private driveways are located on slopes of 20 percent or less.

2)

Special attention is focused on the design of future structures in order to minimize use of large vertical faces. Large understories and exposed retaining walls shall be avoided.

3)

All structures, fences, walls, and roofs are constructed using medium to dark earthtone colors and construction materials that are compatible with the natural surroundings.

4)

All colors blend in with the surrounding soils, vegetation, and rock outcroppings.

5)

Light colors such as white, offwhite, grey, etc., are not used.

6)

Night lighting is of low intensity, and is hooded, shielded, and directed away from property boundaries.

7)

Any necessary retaining walls shall be constructed in earthtones using materials or construction methods which create a textured effect and, where feasible, native groundcovers are planted to cover retaining walls from view.

8)

All cut and fill slopes are planted with native drought-tolerant groundcover immediately after grading is completed.

9)

All mitigation measures required for minimizing impacts to agricultural resources are applied as aesthetic mitigation measures such that the existing rural agricultural setting is preserved.

4.

Additional findings required for Design Review applications within the Eastern Goleta Valley Community Plan area. Where Design Review is required in compliance with Section 35-98.5 (Eastern Goleta Valley), plans for new or altered structures will be in compliance with the Eastern Goleta Valley Residential Design Guidelines, as applicable. The Eastern Goleta Valley Residential Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.k. (Added by Ord. 4942, 12/14/2017)

5.

Additional finding required for Design Review applications within the Gaviota Coast Plan area. Where Design Review is required in compliance with Subsection B.3, above, plans for new or altered residential structures and structures that are accessory to residential structures will be in compliance with the Gaviota Coast Plan Design Guidelines, as applicable. The Gaviota Coast Plan Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.1.

Section 35-184.7 Appeals.

The decision of the Board of Architectural Review to grant or deny Preliminary or Final approval is final subject to appeal in compliance with Section 35-182 (Appeals). Advisory recommendations of the North County Board of Architectural Review are not subject to appeal.

Section 35-184.8 Expiration (Added by Ord. 4318, 06/23/1998)

1.

Where there is an associated development permit, Board of Architectural approvals shall expire on the date the associated development permit (e.g., Coastal Development Permit, Development Plan), including time extensions, expires.

2.

Where there is no associated development permit, Board of Architectural Review approvals shall expire two years from the date of approval, except the Director may grant an extension of the approval if an active development application is being processed by Planning and Development.

3.

Advisory recommendations of the North County Board of Architectural Review shall not expire.

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Figure 1 - Regional Board of Architectural Review Jurisdictional Areas

Section 35-185. - Enforcement, Legal Procedures, and Penalties.

(Amended by Ord. 3508, 05/06/1985)

Section 35-l85.l Investigation.

The Director, or any person within the Department of Planning and Development authorized by the Director, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this Article. If a violation is determined to exist or to be impending, the Director is hereby authorized to take such measures as he deems necessary or expedient to enforce and secure compliance with the provisions of this Article.

l.

Director defined. As used in this section, the term "Director" refers to the Director of the Planning and Development Department and also to any person within the Department of Planning and Development who is authorized by the Director to act on his or her behalf.

2.

Cooperation of other officials. The Director or his or her agents may request, and shall receive, the assistance and cooperation of other officials of the County to assist in the discharge of their duties.

3.

Right of entry and inspection. The Director may enter at all reasonable times any building, structure, or premises in the County of Santa Barbara for the purpose of carrying out any act necessary to perform any

duty imposed by this Article. Upon request the Director shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

4.

Liability. The Director or any other person charged with the enforcement of this Article, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the Director, or his or her agents or employees, because of such act or omission, performed in the enforcement of any provision of this Article, shall be defended by the County Counsel of Santa Barbara County.

Section 35-185.2 Work Stoppage

Where any building construction work is being done contrary to the provisions of this Article, the Director may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees, or servants, shall forthwith stop such work until such time as re-commencement is authorized by the Director.

Section 35-185.3 Referral for Legal Action.

If unable to otherwise enforce the terms of this Article, the Director shall refer the matter to the District Attorney and/or County Counsel of the County of Santa Barbara for appropriate legal action.

Section 35-185.4 Legal Actions.

l.

Civil Actions.

a.

Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Article, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Article, shall be and the same is hereby declared to be unlawful and a public nuisance.

b.

Injunctive Relief. Whenever, in the judgment of the Director, any person, firm, or corporation has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this Article or any rule, regulation, order, or permit issued thereunder, and at the request of the Director, the District Attorney or County Counsel of the County may make application to the Superior Court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

c.

Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder, after notice of same and opportunity to correct or end the violation, the Director of the Planning and Development Department may request the County Counsel or District Attorney to apply to the Superior Court of this County for an order authorizing the Planning and Development Department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

2.

Civil Remedies and Penalties.

a.

Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates the provisions of this Article or any rule, regulation, order, or permit issued thereunder, shall be liable for a civil penalty not to exceed $25,000.00 for each day that the violation continues to exist.

b.

Costs and Damages. Any person, whether as principal, agent, employee, or otherwise, violating any provisions of this Article on the rules, regulations, orders, or permits issued hereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of such violations.

c.

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.

3.

Criminal Actions and Penalties.

a.

Infractions. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating any provisions of this Article, or the rules, regulations, orders, or permits issued thereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by l) a fine not exceeding $l00.00 for a first violation; 2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; and 3) a fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

b.

Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Article within the l2-month period immediately preceding the commission of the

offense or has been convicted of three or more violations of any of the provisions of this Article within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500.00 nor more than $25,000.00 or imprisonment in the County jail for a period not to exceed 60 days or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of no less than $l,000.00 nor more than $25,000.00 or by imprisonment in the County jail for a period not to exceed six months or by both such fine and imprisonment.

c.

Violations. Each and every day during any portion of which any violation of this Article or the rules, regulations, orders, or permits issued thereunder, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.

Section 35-185.5 Cumulative Remedies and Penalties.

The remedies or penalties provided by this Article are cumulative to each other and to the remedies or penalties available under all other laws of this state.

Section 35-185.6 Recovery of Costs. (Added by Ord. 3597, 10/06/1986; Amended by Ord. 4557, 12/07/2004)

l.

Purpose and Intent. This section establishes procedures for the recovery of costs expended on the enforcement of the provisions of this Article. The intent of this section is to recoup costs reasonably related to enforcement.

2.

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein.

Owner: The record owner or any person having possession and control of the subject property;

Costs: Administrative costs, including staff time expended and reasonably related to enforcement for items including site inspections, summaries, reports, telephone contacts, correspondence with the owner and any concerned citizens or officials, and related travel time.

3.

The Planning and Development Department shall maintain records of all costs, incurred by responsible County departments, associated with the processing of violations and enforcement of this Article and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board of Supervisors.

Notice. Upon investigation and a determination that a violation of any of the provisions of this Article is found to exist, the Director, or any person within the department authorized by the Director, shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the Department's intent to charge the property owner for all costs associated with enforcement, and of the owner's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Department of Planning and Development has determined that conditions exist at the property at ___________ which violate Section _______ of the County Code, to wit: (description of violation) Notice is hereby given that at the conclusion of this case you will receive a summary of costs associated with the processing of this violation, at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is $___ per hour of staff time.

You will have the right to object to these charges by filing a Request for Hearing with the Department of Planning and Development within 10 days of service of the summary of charges, pursuant to Section 35185.6.6.

Additionally, where a permit(s) is obtained to legalize all, or part of, this violation, you will be subject to an additional permit processing fee for after-the-fact authorization of development, equal to, and in addition to, all otherwise applicable permit fees, but in no case shall the additional permit processing fee for afterthe-fact authorization of development exceed $2,000.00. The additional permit processing fee shall not be construed, in any manner, to be in-lieu of any penalties that may be otherwise assessed for the unpermitted development pursuant to any other Section of the certified Local Coastal Program or Coastal Act.

5.

At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges you must file a Request for Hearing on the enclosed form within 10 days of the date of this notice.

If you fail to timely request a hearing, your right to object will be waived and you will be liable to the County for these charges, to be recovered in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

If after a hearing the Director affirms the validity of the costs, you will be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. These costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity. The amount of the lien may be collected at the same time and in the same manner as property taxes are collected.

The decision of the Director may be appealed to the Santa Barbara County Board of Supervisors pursuant to Section 35-182.3 of Chapter 35 of the County Code.

6.

Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the Director on his objections to the proposed costs in accordance with the procedures set forth herein.

a.

A request for hearing shall be filed with the department within 10 days of the service by mail of the Department's summary of costs, on a form provided by the Department.

b.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine the validity thereof.

c.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

d.

The Director's decision may be appealed to the Board of Supervisors pursuant to Section 35-182.3.

7.

In the event that a request for hearing by the Director is not filed in a timely manner, or that after a hearing the Director affirms the validity of the costs and an appeal to the Board of Supervisors is not filed in a timely manner, the property owner or person in control and possession shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. If the costs have not been paid within 45 days of notice thereof, these costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

a.

Except for liens recorded against a property (1) containing an owner-occupied residential dwelling unit or (2) to recover costs associated with an enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit, the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property

and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.

b.

The amount of any cost shall not exceed the actual cost incurred performing the inspections and enforcement activity; the actual cost may include permit fees, fines, late charges, and interest.

c.

The owner of the property that is the subject of the enforcement activity shall be provided with written notice of the proposed lien, including a description of the basis for the costs comprising the lien, a minimum of 45 days after notice to pay the costs. The notice shall also inform the owner of the ability to appeal the imposition of the proposed lien to the Board of Supervisors regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

d.

The Board of Supervisors may delegate the holding of the hearing required by Section 35-185.6.8 to a hearing board designated by the Board of Supervisors. The hearing board may be the housing appeals board established pursuant to Section 17920.5 of the Health and Safety Code or any other body designated by the Board of Supervisors. The hearing board or body shall make a written recommendation to the Board of Supervisors which shall include factual findings based on evidence introduced at the hearing. The Board of Supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the Board of Supervisors. Notice in writing of the de novo hearing shall be provided to the owner of the property that is the subject of the enforcement activity at least 10 days in advance of the scheduled hearing.

e.

If the Board of Supervisors determines that the proposed lien authorized pursuant to subdivision (a) shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the County of Santa Barbara and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

Section 35-185.7 Processing Fee Assessment. (Added by Ord. 3597, 10/06/1986)

Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this Article without first having obtained a permit therefore, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established from time to time by the Board of Supervisors.

Section 35-185.8 Violations of Conditions-Penalty. (Added by Ord. 3597, 10/06/1986)

If any portion of a privilege authorized by a Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Plan or other permit approved under this chapter is utilized, the conditions of the Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Plan or other permit approved under this chapter, immediately become effective and must be strictly complied with. The violation of any valid condition imposed by the Planning Commission, Board of Supervisors, Zoning Administrator, or Planning and Development Department in connection with the granting of any Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Permit, or other permit taken pursuant to the authority of Chapter 35, shall constitute a violation and shall be subject to the same penalties as defined in Section 35-185.

Section 35-185.9 Temporary Suspension of Compliance in order to Protect Public Health. (Added by Ord. 5109, 07/02/2020, Amended by Ord 5122)

In order to protect public health and support a phased reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief, the following provisions apply for the temporary period specified below.

1.

Temporary Time Period. Sections 35-161.2.a, 35-179B.D.8, 35-179E and 35-185.9 (ordinance amendments related to COVID-19) shall be in effect immediately after the Executive Director of the Coastal Commission executes a waiver pursuant to Pub. Resources Code § 30611, and expire the earlier of when the Board of Supervisors declares the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus is terminated or when the COVID-19 provisions (Sections 35-161.2.a, 35-179B.D.8, 35-179E, and 35-185.9) are terminated by ordinance amendment.

a.

The expiration date of these temporary amendments may be extended or revised by the Board of Supervisors by adoption of future ordinance amendments. Unless otherwise extended or amended by the Board, upon expiration this ordinance, shall be repealed and shall be of no further force or effect.

2.

Development Standards. For approved projects, this section authorizes the temporary suspension of compliance with the project description and/or conditions of approval related to the following standards provided the requirements of Subsection 3, below, are met:

a.

Setbacks.

b.

Site coverage maximums.

c.

Minimum open space.

d.

Parking and loading standards.

e.

Signs.

f.

The requirement that uses shall occur within a completely enclosed building.

g.

Restrictions on uses in the right of way.

h.

Limitations on food service at wineries and tasting rooms.

i.

Other development standards as determined to be necessary by the Director for the protection of public health due related to COVID-19.

3.

Requirements. To be eligible for the temporary suspension of compliance, all of the following requirements must be met:

a.

The temporary changes to an approved project that render the project unable to strictly comply with its project description, conditions of approval, and/or the development standards listed in Subsection 2, above, are necessary to ensure physical distancing and/or comply with other public health requirements put in place by federal, State, or local public health officials to limit the spread of COVID-19.

b.

The owner/applicant must follow all State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Section 35-185.9 is intended, nor shall it be construed, to allow approved projects to operate in violation of any federal, State, or local public health orders.

c.

The project otherwise complies with its project description, conditions of approval, applicable development standards, and Comprehensive Plan, including Coastal Land Use Plan policies.

d.

Any state or local permit or approval required by regulations other than Article II is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

e.

The approved project is non-residential.

f.

The use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

g.

To ensure public access is not obstructed, there is no expansion onto beaches.

h.

The use of outdoor areas does not result in the expansion of the existing capacity of the business or community entity (e.g., a restaurant with 20 indoor tables and a 40 person capacity maintains the same number of tables and capacity with more space between the tables).

i.

No structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

4.

Enforcement.

a.

If the completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection 35-179E.2, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection 3, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health is not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

b.

If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Subsection 35-179E.2 and the requirements of Subsection 3, above, are met, as determined in the sole discretion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection 1, above. The Director's action is not subject to appeal.