A. 
Except as otherwise provided by Title 17, no use shall be commenced on or in any land, building, or premises unless the use is either a permitted or conditional use for the zoning district in which the use is to be located and, if listed as a conditional use, not unless the required administrative use permit or use permit has been received. No use shall be commenced or maintained except in accordance with the regulations for the zoning district in which the use is or will be located and the use is in conformance with the conditions, mitigation measures, and project description of each required permit, approval, clearance, or agreement.
B. 
No building or structure shall be erected, remodeled, enlarged, rebuilt, or moved, except in conformity with the regulations for the zoning district in which the building or structure is or will be located, and in conformity with the conditions of each required permit, approval, clearance, or agreement.
C. 
Where conflict occurs between the regulations of Title 17 and the Building Code or other regulations effective within the Town, the more restrictive regulation shall apply.
(Ord. 21-501 § 9)
A. 
All departments, officials and public employees of the Town vested with the duty or authority to issue permits, approvals, clearances, or licenses shall conform to the provisions of Title 17 and shall issue no such permit, approval, clearance, or license for uses, buildings, or any purposes where the same would be in conflict with the provisions of Title 17. Such permit, approval, clearance, or license, if issued in conflict with the provisions of Title 17, shall be null and void.
B. 
Except as otherwise authorized by the Town Council, the Town shall refuse to issue any permit, approval, or clearance that is sought pursuant to Title 17, where the existing or proposed use, building or structure has been found to be in violation of Title 17.
(Ord. 21-501 § 9)
The Planning Officer, Building Official, Building Inspector, or other authorized personnel or code enforcement officer may conduct any investigation necessary to determine whether persons are complying with Title 17, including the terms, conditions, mitigation measures, project description incorporated into any permit, approval or clearance issued pursuant to Title 17.
(Ord. 21-501 § 9)
A. 
No person shall violate or fail to comply with any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to Title 17. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to Title 17 is unlawful, declared a public nuisance, and a "code violation" within the meaning of Chapter 8.05 of this code.
B. 
Any building set up, erected, built, or moved, and any use of property contrary to the provisions of Title 17, is unlawful and declared a public nuisance. The Town may immediately commence any action or proceeding, for the abatement, removal and enjoinment thereof in a manner provided by Title 17, the Municipal Code, or law.
C. 
Any persons, whether as principal, agent, employee or otherwise, violating any of the provisions of Title 17 shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed $500.00 or by imprisonment in the Napa County Jail for a term not to exceed six months, or by both such fine and imprisonment. Such persons shall be deemed guilty of a separate offense for each and every day, considered to be any time period within a day when a violation of Title 17 is committed, continued or permitted by such person. A violation of any provision of Title 17 shall be a "code violation" within the meaning of Chapter 8.05 of this code.
(Ord. 21-501 § 9)
A. 
Whenever the Planning Officer, Building Official, Building Inspector, or other authorized personnel or code enforcement officer determines that a violation of Title 17 exists, each such official is hereby authorized to issue stop orders to prohibit further construction or use of any land, building, or premises which are in violation of Title 17. The stop order shall be served by posting a copy on the premises, which is the location of the violation, or which is the subject of the permit or approval issued by the Town. In addition, a copy of such stop order shall be mailed to the owner or responsible person at the address shown on the current records in the office of the Napa County Assessor. Such order shall become effective immediately upon posting.
B. 
After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Planning Officer, Building Official, Building Inspector, or other authorized personnel or code enforcement officer to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the official serving the stop order.
C. 
Within 10 days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may request an administrative hearing in accordance with Chapter 8.05 of this code.
(Ord. 21-501 § 9)
Whenever the Planning Officer determines that a violation of Title 17 exists or where the operation of a use is detrimental to the public health, safety or general welfare, the Planning Officer may refer the matter to the Town Manager, or a hearing officer designated by the Town Manager, for the revocation or modification of any permit, approval or clearance, or such determination or enforcement as may be appropriate under the circumstances. The following provisions shall be observed in the conduct of administrative enforcement proceedings:
A. 
Notice of any administrative enforcement hearing shall be given as in the same manner as generally provided for administrative hearings held pursuant to Chapter 8.05 of the Municipal Code.
B. 
Where an enforcement proceeding has been commenced by the Town, the Town has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety, or general welfare. Where the party against whom the enforcement proceeding has been directed raises a defense, such as a prior nonconforming use, that party has the burden of proving the defense.
C. 
If the Town Manager or designated hearing officer determines that there has been a violation of Title 17 or that the use has been conducted in such a way as to be detrimental to the public's health, safety or welfare, the Town Manager or designated hearing officer may make any order it deems appropriate under the circumstances, including the revocation or modification of permits or approvals previously issued and/or the referral of the matter to the Town Attorney for the initiation of any criminal or civil proceeding that may be deemed appropriate. Any action taken by the Town Manager or designated hearing officer shall set forth the following:
1. 
The Municipal Code section, permits or approvals violated and/or a statement describing the detrimental effect found upon public health, safety or welfare;
2. 
The ultimate facts upon which the determination or violation and/or detrimental effect is based;
3. 
The action(s) ordered to be taken; and
4. 
In the event the Town Manager chooses to modify a permit or approval, the modifications including any new conditions to be imposed to ensure that violation or the detrimental effect will cease and will not be repeated.
(Ord. 21-501 § 9)
The acts and determination of the Town Manager or designated hearing officer provided for in Section 17.228.060 of this chapter shall be directly reviewable by the Town Council in the manner provided for in Municipal Code Section 1.30.010.
(Ord. 21-501 § 9)
The remedies provided for in Title 17 and in other titles of the Municipal Code shall be cumulative and nonexclusive and are in addition to all other remedies provided by law or in equity.
(Ord. 21-501 § 9)