Chapter 17.118 — ENFORCEMENT AND VIOLATIONS

Sections:

17.118.010 Purpose.

17.118.020 Administrative officials.

17.118.030 Compliance with code.

17.118.040 Inspection.

17.118.050 Complaint regarding violation.

17.118.060 Penalty.

This chapter establishes provisions that are intended to ensure compliance with the requirements of this zoning code and any conditions of division permit approval, to promote the city’s planning efforts, and for the protection of the public health, safety, and welfare of the city. (Ord. 24-01 §2(Exh. A-1)).

This zoning code shall be administered by the director and other persons designated by the director. The director, building official, or code enforcement officer (collectively referred to as "enforcement officers") shall be responsible for identifying structures and uses that exist or are conducted in a manner that violates this zoning code. If an enforcement officer finds that any provision of this zoning code is being violated, the enforcement officer shall notify, in writing, the responsible party indicating the nature of the violation and the action necessary to correct it consistent with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures). (Ord. 24-01 §2(Exh. A-1)).

A. All officials, departments, divisions, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this zoning code and shall not issue any permit, certificate, or license which conflicts with the provisions of this zoning code. Any permit, certificate, or license issued in conflict with the provisions of this zoning code shall be null and void.

B. No permits for the development of real property shall be issued until the director determines whether the real property involved, and the proposed development are in compliance with the provisions of the Subdivision Map Act, the general plan, specific plan, and this zoning code. (Ord. 24-01 §2(Exh. A-1)).

In compliance with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures), an enforcement officer may, upon the presentation of credentials to the owner or occupant, enter any premises or structure at any reasonable time for the purpose of determining if the site is being used in compliance with the provisions of this zoning code. If admission or entry is refused, the director may apply for an inspection warrant consistent with the provisions of the Kerman Municipal Code. (Ord. 24-01 §2(Exh. A-1)).

Whenever a violation of this zoning code occurs or is alleged to have occurred, any person may file a written complaint with the director, stating fully the causes and basis for the complaint. The director shall record the complaint, investigate, and take action as provided by this zoning code and the city municipal code. (Ord. 24-01 §2(Exh. A-1)).

A violation of the zoning code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, conditional use permits, or other development permits) may constitute an infraction or misdemeanor per Chapter 1.18 and shall constitute a public nuisance per Section 8.32.050. A person shall be deemed guilty of a separate offense for each day a violation of this zoning code is committed or continued. The city may enforce pursuant to criminal citations, administrative citations, abatement, civil court action, a stop work order, and other remedies available by law. (Ord. 24-01 §2(Exh. A-1)).

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Division 8. Definitions

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