Shafter Zoning Code § 1.10 Purpose and Intent (CA)

The City Council has established these standards, guidelines, and procedures to protect and promote the public health, safety, convenience, and welfare of present and future citizens of the City, specifically to:

Implement the goals, objectives, policies, and programs of the General Plan and to manage future growth and change in accordance with that Plan;
Protect the physical, social, and economic stability and vitality of residential, commercial, Industrial, public, institutional and open space uses within the City to assure their orderly development;
Reduce or eliminate hazards to the public resulting from potentially inappropriate location, use, or design of buildings and other improvements;
Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.

1.20 AUTHORITY

The authority for the regulations contained in this Title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law (Division 1 of Title 7 of the California Government Code) which provide for the regulation of the intensity of land use and the adoption of standards for the regulation of population density, and the police power granted to municipalities by the laws of the State of California.

1.30 APPLICABILITY

All l and, buildings, and structures within the incorporated portions of the City shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction or enlargement of any building or structure shall be allowed unless permitted under the express provisions of this Title or by other applicable ordinances of the City.

Private Projects
- a. No land, building, or structure shall be used, constructed, altered, or maintained except in conformance with the provisions of this Title.
- b. No use that requires a permit or approval under the provisions of this Title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.
- c. No use that requires a permit or approval under the provisions of this Title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.

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d. No building or structure, or any part of an existing building or structure, may be constructed or altered in such a way as to cross a property line.

2. Public Projects

Unless otherwise exempted, federal, state, county, city and any other governmental projects shall be subject to the provisions of this Title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.

Legal Procedure

Any building or structure erected or maintained, or any use of property contrary to the provisions of this Title, is hereby declared to be unlawful and a public nuisance, and the City Attorney, Code Compliance Officer, District Attorney or other authorized official may immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or use of any property contrary to the provisions of this Title (it shall be the right and duty of every citizen to participate and assist City Officials in the enforcement of the provisions of this Title).

4. Subdivisions

a. The provisions of this Title relating to subdivisions shall be controlled by Section 66499.30 et. seq. of the Subdivision Map Act and Title 16 of the Municipal Code.
b. The provisions of Title 16 relating to the enforcement and judicial review of subdivisions, as defined in the Subdivision Map Act, shall not apply to:
- Short-term leases pursuant to Section 66411 of the Subdivision Map Act.
- The exclusions to the provisions of the Subdivision Map Act pursuant to Section 66412 therein.
- The financing and leasing of commercial and industrial buildings pursuant to Section 66412.1 of the Subdivision Map Act.
- The construction, financing and leasing of dwelling unit types pursuant to Section 66412.2 of the Subdivision Map Act.
- Small, removable commercial buildings pursuant to Section 66412.5 of the Subdivision Map Act.

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Parcels created prior to March 4, 1972 pursuant to Sections 66412.7 and 66412.8 of the Subdivision Map Act.
Subdivisions previously established pursuant to the provisions of Section 66412.7 of the Subdivision Map Act.
The conveyance of land to a public entity for rights-of-way pursuant In Section 66426.5 of the Subdivision Map Act.

1.40 ENFORCEMENT

The City Manager, City Attorney, District Attorney, Code Compliance Officer, Building Official, Public Works Director, Planning Director, or their designee, any duly authorized law enforcement officer, and any official charged with the issuance of licenses and permits shall enforce the provisions of this Title.
All officials and employees of the City, vested with the authority or duty to issue permits, shall conform to the provisions of this Title and shall not issue a permit, certificate or licenses for uses, purposes, buildings or structures in conflict with the provisions of this Title. Any such permit, certificate or license issued in conflict with the provisions of this Title shall be null and void.
Whenever an authorized official finds that a violation of this Title exists on any property located within the City, he or she shall notify the property owner on which the violation is located and direct that the violation be abated in a manner consistent with the City’s Citation Procedure Manual for this Title.
Remedies

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person, hereunder, shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

Continuing Violations

A continuing violation of this Title is deemed a separate violation of the Municipal Code for each and every day that such violation exists.