Chapter 9.82 — ENFORCEMENT AND VIOLATIONS

This chapter establishes provisions that are intended to ensure compliance with the requirements of this development code and any conditions of permit approval, to promote the town's planning efforts, and for the protection of the public health, safety, and welfare of the town. (Ord. 251, 11-18-2014)

All departments, officials, and public employees of the town who are assigned the authority or duty to issue authorizations, certificates, licenses, or permits shall comply with the provisions of this development code. A. Permits In Conflict With Development Code: Authorizations, certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this development code shall not be issued.

B. Permits Deemed Void: Any authorization, certificate, license, or permit issued in conflict with the provisions of this development code shall be void and of no effect. (Ord. 251, 11-18-2014)

A. Responsibility Of Director: The director and designated employees and representatives shall have the authority to enforce the provisions of this development code, and shall include, and not be limited to, the town manager, deputy town manager, town engineer, building official, code compliance officers, animal control officers, and town attorney. B. Authority To Inspect: All persons authorized to enforce the provisions of this development code are authorized to enter upon any property or premises within the town to ascertain whether the property or premises is in compliance with this development code, and to make any inspections as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples, or other physical evidence, and the making of video and/or audio recordings. All such entries and inspections shall be done in a reasonable manner. If an owner, lawful occupant, or the respective agent, employee, or representative thereof refuses permission to enter and/or inspect, the town, acting by and through such persons authorized to enforce this development code, may seek an administrative inspection warrant pursuant to the procedures provided by California Code Of Civil Procedures sections 1822.50 through 1822.59, as may be amended from time to time, or the successor provisions thereto. (Ord. 251, 11-18-2014)

A. It is unlawful for any person to violate or to cause or to allow a violation of any provision of this development code. Any act or omission constituting a violation of this development code includes the aiding, abetting, allowing, or causing that act or omission.

B. Each and every day, and during any portion of which, any violation of this development code, or of the provisions of any code adopted and incorporated by reference by this development code, is committed, continued, or allowed, is a new and separate offense. (Ord. 251, 11-18-2014)

A. Use Of Land: Any use of land that is not allowed by this development code (either as a matter of right or through the application of the appropriate land use approval or permit) and/or which is conducted without first obtaining all permits and/or licenses otherwise required pursuant to all applicable state and/or federal laws and/or other provisions of this development code (and thereafter maintaining each such permit and/or license so as to remain legally valid at all times) is hereby declared unlawful and a public nuisance.

B. Use Of Occupancy Of Structure: Any structure used or occupied in a manner not allowed by this development code (either as a matter of right or through the application of the appropriate land use approval or permit) and/or which is used or occupied without first obtaining all permits and/or licenses otherwise required pursuant to all applicable state and/or federal laws and/or other provisions of the town code (and thereafter maintaining each such permit and/or license so as to remain legally valid at all times) is hereby declared unlawful and a public nuisance. C. Property Not In Compliance With A Condition Of Land Use Approval Declared Public Nuisance: Any property not in compliance with an applicable condition of approval imposed upon any land use approval, authorization, permit, or variance is hereby declared to be unlawful and a public nuisance. (Ord. 251, 11-18-2014)

A. It is unlawful for the owner, the owner's agent or representative, or other person in whose favor or for whose benefit, a land use approval of any kind has been granted for the parcel of real property at issue, to refuse or to fail to comply with the conditions of approval, either individually or collectively.

B. Each and every day, and during any portion of which, any failure or refusal to comply with the condition or conditions of approval imposed on any land use approval, authorization, permit, or variance, is committed, continued, or allowed, is a new and separate offense. (Ord. 251, 11-18-2014)

A. Notices, Orders, And Citations: This development code may be enforced through civil, criminal and/or administrative processes including the issuance of various notices and orders pertaining to any land use; or to any addition, alteration, construction, conversion, enlargement, installation, moving, reconstruction, rehabilitation of any structure; or to any use of any structure; that is contrary to any provision of this development code as provided herein. Such notices may include, without limitation, notice of violation, notice to correct, notice to vacate, stop work orders, infraction citations, misdemeanor citations, and administrative citations.

B. Enforcement Remedies Are Cumulative And Discretionary, Not Exclusive: All remedies contained in this development code for the handling of violation or enforcement of the provisions of this development code shall be discretionary and cumulative, and not exclusive of any other applicable provisions of the town code or other applicable state law. The town at its sole discretion and acting through the officials designated in this chapter and in consultation with town attorney may enforce this development code through the application of criminal, civil, and administrative remedies as set forth in this chapter. In the exercise of such discretion in selecting an appropriate code enforcement remedy, the town shall not be required to institute available code enforcement remedies in any particular order, or to prefer the application of one remedy to another. (Ord. 251, 11-18-2014)

A. Notwithstanding any other provision of this code, each person violating, causing, or allowing a violation of any provision of this development code or any permit or condition of approval granted pursuant thereto, shall be guilty of an infraction or a misdemeanor.

B. Every violation of any provision of this development code, or of any permit issued pursuant to this development code (including any of the conditions of approval for such permit) that is prosecuted as an infraction shall be punishable, upon conviction or upon a plea of nolo contendere (commonly called no contest), by a base fine as established by the council or local court of jurisdiction. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine. Notwithstanding the above, a first or subsequent violation of this development code may be charged and prosecuted as a misdemeanor.

C. A misdemeanor shall be punishable, upon conviction or upon a plea of nolo contendere (commonly called no contest), by a base fine as established by the council or local court of jurisdiction, or by imprisonment in the county jail for a period of not more than six (6) months, or by both such base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.

D. The conviction and punishment of any person of an offense as described in this section or the payment of a criminal fine by or on behalf of the person convicted, shall not relieve that person from the responsibility for correcting, removing, or abating the violation that resulted in the conviction; nor prevent the enforced correction, removal or abatement thereof by the town. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established by town code. (Ord. 251, 11-18-2014)

A. Injunctive Relief And Abatement: At the request of any person authorized to enforce this development code, the town may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this development code or any permit or land use approval granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly liable for the civil penalties and/or abatement costs.

B. Civil Remedies And Penalties: Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this development code or any permit or any condition of land use approval granted pursuant thereto, shall be liable for a civil penalty as established by council per violation for each day or any portion thereof, that the violation continues.

C. Attorney Fees: In any civil action, administrative proceeding, or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorney fees incurred by the town in that action or 1 proceeding .

D. Statute Of Limitation: Any court action or proceeding to attach, review, set aside, void or annul any decision relating to the adoption or amendment of the town general plan or any specific plan or any decision of matters listed in this development code otherwise subject to court review (other than those listed in sections 65907 and 66499.37 of the state Government Code and section 21167 of the state Public Resources Code) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality, or validity of any conditions attached thereto, shall not be maintained by any person unless such action or proceeding is commenced with service of summons effected within thirty (30) calendar days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. (Ord. 251, 11-18-2014)

Notes

• 1 1. GOV § 25845.

Whenever the town institutes a judicial action or proceeding to enforce this development code, a notice of lien/pendency of the action or proceeding may be filed with the county recorder's office. The notice shall be filed at the time of the commencement of the action or proceeding, and upon recordation of the notice, consistent with the standards and requirements of the county recorder's office. The notice shall have the same effect as a notice recorded in compliance with section 409 of the California Code Of Civil Procedure. (Ord. 251, 11-18-2014)