The purpose of this chapter is to ensure that enforcement of
the provisions of this title and any permits and approvals granted
by the city shall be diligently pursued in order to provide for their
effective administration, to secure compliance with any conditions
of approval, to promote the city's planning efforts, and for the protection
of the public health, safety, and welfare of the city.
(Ord. 777 § 1 (Exh. A),
2002)
A.
The
director shall be responsible for enforcing the provisions of this
title and any conditions imposed on land use permit or approval (e.g.,
development plan permits) granted by the city and allowed under this
title.
B.
Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties outlined in Title 14 (Code Compliance and Remedies), and/or revocation procedures identified in the following chapters:
C.
Any
certificate, license, permit, or other approval issued in conflict
with this title shall be deemed void.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 916 § 9, 2006; Ord. 928 § 2, 2006)
A.
Any
corporation, firm, organization, partnership, or person whether as
agent, employee, principal, tenant, or otherwise, violating any provision
of this title or any condition imposed on a permit or approval, map,
or license, or violating or failing to comply with any order made
hereunder, shall be guilty of an infraction or misdemeanor in compliance
with Title 14 of this Municipal Code.
B.
Any violation of this chapter shall also constitute a public nuisance which may be abated in compliance with the procedures outlined in Municipal Code Title 14 (Code Compliance and Remedies).
C.
Any
construction in violation of this title or any condition(s) imposed
on a license, permit, or approval shall be subject to the issuance
of a "stop work order." Any violation of an officially issued stop
work order shall constitute an infraction or misdemeanor in compliance
with Title 14 of this Municipal Code.
D.
In
addition to any other remedy provided in this chapter, any provision
of this chapter may be enforced by injunction issued by the courts
upon a civil suit brought by the city of Rancho Mirage.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 916 § 10, 2006; Ord. 928 § 2, 2006)
All remedies identified in this title for the handling of violations
or enforcement of the provisions of this title shall be cumulative
and not exclusive of any other applicable provisions of city, county,
state, or federal law. When a person is found guilty and convicted
of a misdemeanor for the violation of any provision of this title,
the conviction shall not prevent the city from pursuing any other
available remedies to correct the violation(s).
(Ord. 777 § 1 (Exh. A),
2002)
A.
Every
applicant seeking a permit or approval or any other action in compliance
with this title shall allow the city official handling the application
access to any premises or property which is the subject of the application,
and the city official shall make the inspections as deemed necessary
from time to time throughout the application process.
B.
If
the permit or approval is approved, in compliance with this title,
the owner or applicant shall allow appropriate city officials access
to the premises in order to determine continued compliance with the
permit or approval and/or any conditions imposed by the review authority.
(Ord. 777 § 1 (Exh. A),
2002)
The city shall have the authority to impose appropriate fines
on any corporation, firm, person, etc. in compliance with Title 14
of this Municipal Code, violating any provision(s) of this title or
any condition imposed on a permit or approval. The fines shall be
included in the city's fee resolution.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 928 § 2, 2006)
A person who establishes a land use, or alters, constructs,
enlarges, erects, maintains, or moves a structure without first obtaining
a permit or approval required by this title, shall pay the additional
processing fees established by the city's fee resolution for the correction
of the violation(s), before being granted a permit or approval for
a use or structure on the site.
(Ord. 777 § 1 (Exh. A),
2002)
The city shall recover all administrative and legal costs (e.g., staff, legal, etc.), reasonably related to the time expended in the enforcement of the provisions of the Municipal Code, including this title and other related ordinances of the city, in compliance with Chapter 14.30 of the Municipal Code.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 920 § 4, 2006)
A.
Amount
and Applicability of Reinspection Fee.
1.
A
reinspection fee shall be imposed on each person who receives a notice
and order or letter of correction of any provision of the Municipal
Code, adopted building code, or state law.
a.
The fee amount shall be established by the city's fee resolution.
b.
The fee may be assessed for each inspection or reinspection conducted
when the particular violation for which an inspection or reinspection
is scheduled is not fully abated or corrected as directed by, and
within the time and manner specified in, the notice or letter.
2.
The
fee shall not apply to the original inspection to document the violations
and shall not apply to the first scheduled compliance inspection made
after the issuance of a notice or letter, whether or not the correction
has been made.
B.
Continuation
of the Original Case.
1.
If
a notice or letter has been previously issued for the same violation
and the property has been in compliance with the provisions of the
Municipal Code, including this title and other related ordinances
of the city, for less than one hundred eighty days, the violation
shall be deemed a continuation of the original case and all inspections
or reinspections, including the first inspection for the repeated
offense, shall be charged a reinspection fee.
2.
This
fee is intended to compensate for administrative costs for unnecessary
city inspections, and not as a penalty for violating the Municipal
Code, including this title and other related ordinances of the city.
3.
Any
reinspection (fees) imposed shall be separate and apart from any fines
or penalties imposed for violation of the Municipal Code, or costs
incurred by the city for the abatement of a public nuisance.
(Ord. 777 § 1 (Exh. A),
2002)
All enforcement actions shall be subject to the applicable provisions
of this title, including the procedures identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.74 Public Hearings
17.78 Revocations and Modifications
(Ord. 777 § 1 (Exh. A),
2002)
