Chapter 17.133 — ENFORCEMENT PROCEDURE AND PENALTIES

All departments, officials and public employees of the city of Pismo Beach which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no such permit or license for uses, building, or purpose where the same would be in conflict with the provisions of this Title, and any such permit or license, if issued in conflict with the provisions of this Title, shall be null and void.

It shall be the duty of the building office of the city of Pismo Beach to enforce the provisions of this Title, pertaining to the use of land or buildings and the erection, construction, reconstruction, moving, alteration or addition to any building, buildings or structures. During non-office hours, it will be the responsibility of the police department to monitor and enforce the provisions of this Title.

Any building or structure erected, constructed, altered, converted, moved or maintained contrary to the provisions of this Title and any use of land or buildings operated or maintained contrary to the provisions of this Title are hereby declared to be public nuisances. The city attorney, upon order of the city council shall commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this Title or any other law or ordinance.

It shall be unlawful for any person, whether acting as principal, agent or otherwise, to violate or cause to be violated any provision or to fail to comply with any of the requirements of the Pismo Beach Zoning Ordinance (Article 17 of the Pismo Beach Municipal Code, as amended). A violation of any of the provisions or failing to comply with any of the mandatory requirements of the Zoning Ordinance shall constitute an infraction notwithstanding any other provision of the Zoning Ordinance, except that any such violation constituting an infraction under the Zoning Ordinance may, in the discretion of the city attorney, be charged and prosecuted as a misdemeanor. Any conviction for a violation of the provisions of the Zoning Ordinance, shall be punishable as set forth in Chapter 1.20 of this code. (Ord. 96-12 § 2, 1996)

Any cultivation, processing or distribution of marijuana which takes place in violation of any provision of this chapter is unlawful, and is hereby declared a public nuisance and is subject to administrative penalties pursuant to chapter 1.24, in addition to any other remedies available to the city. (Ord. O-2016-003 § 2, 2016)

No application required pursuant to this title shall be accepted for processing or approved where the property owner has on the subject property or any other property owned by the property owner within the city, an existing land use, not previously authorized by any statute or ordinance, which is being maintained or operated in violation of any applicable provision of this code, or any condition of approval of a land use permit under this title. This provision applies to the operation of land uses only, and does not affect buildings or structures which do not conform to development standards.

Where the community development director, at his/her sole discretion, and whose determination shall be final, determines that the use in question is consistent with the objectives, goals and policies of the general plan, or that the continuation of said use is essential or desirable to the public convenience or welfare, this section shall not apply to an application submitted pursuant to this title. (Ord. O-2016-006 § 1 (part), 2016)